IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 18, 2011
UNITED STATES OF AMERICA,
MOHAMMAD NASIR KHAN, ET AL.,
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
BRUCE LOCKE (#177787) Moss & Locke 800 Howe Avenue, Suite 110 Sacramento, CA 95825 (916) 569-0667 (916) 569-0665 fax Attorneys for MOHAMMAD NASIR KHAN
STIPULATION TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT; AND ORDER THEREON
IT IS HEREBY STIPULATED AND AGREED between the defendant, Mohammad Nasir Khan by and through his defense counsel, Bruce Locke, and the United States of America by and through its counsel, Assistant U.S. Attorney John Vincent, that the status conference presently set for May 19, 2011 at 9:00 a.m., should be continued to June 9, 2011 at 9:00 a.m., and that time under the Speedy Trial Act should be excluded from May 19, 2011 through June 9, 2011.
The reason for the continuance is that the case is a tax case that is somewhat complex. The government has provided Mr. Khan with a proposed plea agreement and Mr. Khan and his attorney need the additional time to review the agreement. Additionally, the government has advised defense counsel that it will be providing additional discovery in the next two to three days. Accordingly, the time between May 19, 2011 and June 9, 2011 should be excluded from the Speedy Trial calculation pursuant to Title 18, United States Code, Section 3161(h)(7)(B)(iv) and Local Code T-4 for defense preparation.The parties stipulate that the ends 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). Mr. Vincent has authorized Mr. Locke to sign this pleading for him.
For the reasons set forth above, the Court finds that there is GOOD CAUSE for the continuance and the exclusion of time, and that the ends of justice served by this continuance outweigh the best interests of the public and the defendant in a speedy trial. The calendaring change set forth above IS SO ORDERED.
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