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United States of America v. James Johnston

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


May 17, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
JAMES JOHNSTON,
DEFENDANT

THOMAS A. JOHNSON, #119203 400 Capitol Mall, Suite 1620 Sacramento, California 95814 Telephone: (916) 422-4022 Attorney for Defendant James Johnston

STIPULATION AND ORDER TO CONTINUE TRIAL CONFIRMATION HEARING AND VACATE TRIAL

IT IS HEREBY STIPULATED BY AND AMONG ALL PARTIES that the Trial Confirmation Hearing scheduled for May 19, 2011 at 10:00 a.m. is to be continued to June 9, 2011 at 10:00 a.m. in the same courtroom. The parties also request that the jury trial scheduled to commence on June 6, 2011 at 9:00 a.m., is hereby vacated. Thomas A. Johnson, Defendant's attorney, and Kyle Reardon, Assistant United States Attorney, agree and stipulate to the continuance. The continuation is requested because it is anticipated that a Superseding Indictment will issue before June 6, 2011. Defense counsel will need time to review the new Indictment and determine what if any motions will need to be filed after arraignment. In addition, there is new evidence that is expected to be produced following another forensic evaluation of the evidence seized. The time between the signing of this stipulation and June 9th, 2011, will be used by the parties to continue preparing the matter for trial, ensuring effective preparation of both defense counsel and the government, ensuring continuity of counsel and taking into account the exercise of due diligence. The parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

It is further stipulated that the period from the date of this stipulation through and including the of June 9, 2011, be excluded in computing the time within which trial must commence under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T-4 for continuity and preparation of counsel.

IT IS SO STIPULATED.

IT IS SO ORDERED.

UNITED STATES DISTRICT JUDGE

20110517

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