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United States of America v. Anthony Vassallo

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


June 20, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
ANTHONY VASSALLO
DEFENDANT.

The opinion of the court was delivered by: United States District Judge Garland E. Burrell, Jr.

BENJAMIN B. WAGNER United States Attorney JEAN M. HOBLER LEE S. BICKLEY Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2700

STIPULATION AND [PROPOSED] ORDER TO EXCLUDE TIME

The parties request that the status conference in this case be continued from June 24, 2011 to September 2, 2011 at 9:00 a.m. They stipulate that the time between June 24, 2011 and September 2, 2011 should be excluded from the calculation of time under the Speedy Trial Act. The parties stipulate that the ends of justice are served by the Court excluding such time, so that counsel for the defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

18 U.S.C. § 3161(h)(7)(B)(iv). Specifically, the defense has been in the process of reviewing additional discovery provided by the Government. Since the last status conference, the defense indicated a desire to review several banker's boxes of documents in the government's possession. Defense counsel did so, marking documents for production, including CDs containing hundreds of additional documents. The government has now produced those documents, and anticipates serving documents obtained from a third party in or about the week of June 24, 2011. Defense counsel wishes additional time to review these voluminous productions. 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).

Respectfully Submitted,

ORDER

IT IS SO ORDERED. The Court finds that based on the circumstances described in the stipulation of the parties 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).

20110620

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