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United States of America v. Donny Eugene Mower

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


April 19, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
DONNY EUGENE MOWER,
DEFENDANT.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

DANIEL J. BRODERICK, #89424 Federal Defender MELODY M. WALCOTT, Bar #219930 Assistant Federal Defender Designated Counsel for Service 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant DONNY EUGENE MOWER

STIPULATION TO CONTINUE PRELIMINARY HEARING DATE; ORDER Date: May 13, 2011 Time: 1:30 P.M.

Defendant, Donny Eugene Mower, having been advised of his speedy trial rights pursuant to 18 U.S.C. § 3161(b), hereby waives time for a preliminary hearing within the time period set forth therein. Pursuant to said waiver, IT IS HEREBY STIPULATED by and between the parties hereto and through their respective attorneys, that the preliminary hearing in the above-captioned matter now scheduled for April 22, 2011 may be continued to May 13, 2011 at 1:30 P.M. to allow the parties additional time for plea negotiation prior to hearing. Assistant United States Attorney Elana Landau has no objection to this request. The requested continuance will conserve time and resources for both counsel and the court.

The parties agree that time shall be excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B) in that the ends of justice served by the continuance outweigh the best interest of the public and the defendant in a speedy trial, since the failure to grant such a continuance would deny counsel for the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

ORDER IT IS SO ORDERED. Time is excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B). For the reasons stated above, the court finds that the ends of justice served by the delay outweigh the best interest of the public and the defendant in a speedy trial.

IT IS SO ORDERED.

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20110419

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