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United States of America v. Kenneth Noel Nelson

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


June 7, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
KENNETH NOEL NELSON, DEFENDANT.

CARL M. FALLER SBN: 70788 FALLER LAW FIRM Post Office Box 912 Fresno, CA 93714 559-226-1534 carl.faller@fallerdefense,com Attorney for Defendant

STIPULATION TO CONTINUE STATUS CONFERENCE; ORDER

Defendant Kenneth Noel Nelson, by and through his attorney of record, Carl M. Faller, and plaintiff United States of America, by and through its attorney of record, Benjamin B. Wagner, United States Attorney, and Kirk Sherriff, Assistant U.S. Attorney, hereby agree and stipulate as follows:

This matter is currently set for a status conference on Monday, June 13, 2001 at 9:00 am. The parties request that this status conference be continued until August 1, 2001 at 9:00 am. The reason for this request is that discovery in this case is voluminous and additional discovery has recently been provided. In addition, defense counsel is currently engaged in trial in Fresno County Superior Court in the case of People v. Benito and Antonio Salas, which commenced on April 28, 2011, and is not scheduled to end until June 15, 2011.

It is further stipulated that the time between June 13, 2011 and August 1, 2011 shall be excluded under the Speedy Trial Act, Title 18, United States Code, Sections 3161(h)(7)(A) and (h)(7)(B)(iv), in that the ends of justice are served by such exclusion, and the public interest and the interest of the government and the defendant in a speedy trial is outweighed by the need to allow for continuity of counsel and further investigation and preparation. Based on the above, it is respectfully requested that the status conference and motion hearing be continued as set forth above.

ORDER

IT IS ORDERED that the status conference currently scheduled for June 13, 2011, at 9:00 am, be continued until August 1, 2011.

It is further ordered that the time between June 13, 2011 and August 1, 2011 shall be excluded under the Speedy Trial Act, Title 18, United States Code, Sections 3161(h)(7)(A) and (h)(7)(B)(iv), in that the ends of justice are served by such exclusion, and the public interest and the interest of the government and the defendant in a speedy trial is outweighed by the need to allow for continuity of counsel and further investigation and preparation.

IT IS SO ORDERED.

CHIEF UNITED STATES DISTRICT JUDGE

20110607

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