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United States of America v. Cheng Saetern

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 6, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
CHENG SAETERN,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. William B. Shubb

DANIEL J. BRODERICK, Bar #89424 Federal Defender COURTNEY FEIN, Bar #244785 Designated Counsel for Service 801 I Street, 3rd Floor Sacramento, California 95814 (916) 498-5700 Attorney for Defendant CHENG SAETERN

STIPULATION AND [PROPOSED] ORDER; CONTINUING STATUS CONFERENCE AND EXCLUDING TIME

Date: May 9, 2011

Time: 8:30 a.m.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, JILL THOMAS, Assistant United States Attorney, attorney for Plaintiff, and COURTNEY FEIN, attorney for CHENG SAETERN, that the status conference hearing date of April 11, 2011 be vacated, and the matter be set for status conference on May 9, 2011 at 8:30 a.m.

The reason for this continuance is to allow defense counsel additional time to review the discovery, consult with her client, continue to discuss settlement potential with the United States Attorney, and review any resulting plea agreement with her client.

Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including May 9, 2011 pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.

ORDER UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the April 11, 2011, status conference hearing be continued to May 9, 2011, at 8:30 a.m. Based on the representation of defense counsel and good cause appearing therefrom, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time up to and including the May 9, 2011 status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.

20110406

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