IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 3, 2011
UNITED STATES OF AMERICA,
TORI MICHELLE STOHLMAN, JAMES KEITH FLETCHER, KYLE LEONARD,
ORDER FOLLOWING HEARING REGARDING STATUS OF PENDING MOTION
This matter came before the Court for a hearing regarding the status of Defendants' "Motion to Quash the Search Warrant and to Suppress Evidence" (the "Motion to Suppress") on June 1, 2011. The United States was represented by Assistant United States Attorney Todd D. Leras. Defendants Stohlman, Fletcher and Leonard were personally present. Attorney Jesse Santana appeared for Defendant Fletcher and stood in for both Attorney David Vasquez and Attorney Roberto Marquez with the consent of their respective clients, Defendant Stohlman and Defendant Leonard.
The parties indicated that they are ready to proceed to evidentiary hearing following a mutual exchange of investigative reports regarding the issues raised in the Motion to Suppress. They also agreed to set a supplemental briefing schedule. The government's supplemental brief in opposition to the Motion to Suppress is due on or before June 29, 2011. Defendants' reply brief, if any, is due on or before July 13,2011.
The Court set an evidentiary hearing on the Motion to Suppress for July 27, 2011, at 10:00 a.m. The Court further ordered that time continued to be excluded under 18 U.S.C. § 3161(h)(1)(D) and Local Code E (pending pre-trial motion). The Court directed government counsel to prepare a formal order.
IT IS HEREBY ORDERED:
1. An evidentiary hearing on Defendants' motion is set for July 27, 2011, at 10:00 a.m.
2. The supplemental briefing schedule proposed by the parties is adopted by the Court.
3. Based on the parties' representations and the pending pre-trial motions, the Court finds that the ends of justice outweigh the best interest of the public and Defendants in a speedy trial. Accordingly, time under the Speedy Trial Act shall be excluded through July 27, 2011.
IT IS SO ORDERED
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