The opinion of the court was delivered by: Judge: Hon. Gary S. Austin
Date: September 21, 2011 Time: 1:30 P.M.
STIPULATION TO CONTINUE PRELIMINARY HEARING DATE; ORDER
Defendant, Donny Eugene Mower, having been advised of his speedy trial rights pursuant to 18 U.S.C. § 3161(b), hereby waives time for a preliminary hearing within the time period set forth therein. Pursuant to said waiver, IT IS HEREBY STIPULATED by and between the parties hereto and through their respective attorneys, that the preliminary hearing in the above-captioned matter now scheduled for July 7, 2011 may be continued to September 21, 2011 at 1:30 P.M. to allow the parties additional time for plea negotiation prior to hearing. Assistant United States Attorney Elana Landau has no objection to this request. The requested continuance will conserve time and resources for both counsel and the court.
The parties agree that time shall be excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B) in that the ends of justice served by the continuance outweigh the best interest of the public and the defendant in a speedy trial, since the failure to grant such a continuance would deny counsel for the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
BENJAMIN B. WAGNER United States Attorney DATED: July 1, 2011 By /s/ Elana Landau ELANA LANDAU Assistant United States Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Defender DATED: July 1, 2011 By /s/ Melody M. Walcott MELODY M. WALCOTT Assistant Federal Defender Attorney for Defendant DONNY EUGENE MOWER
ORDER IT IS SO ORDERED. Time is excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B). For the reasons stated above, the court finds that the ends of justice served by the delay outweigh the best interest of the public and the defendant in a speedy trial.
Preliminary hearing is continued from July 7, 2011 before Judge Snyder to Wednesday, September 21, 2011 at 1:30p.m. before Judge Austin.
Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE
Stipulation to Continue Preliminary
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