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United States of America v. Shawn Elvis Chao

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


July 8, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
SHAWN ELVIS CHAO,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Garland E. Burrell Jr.

DANIEL J. BRODERICK, Bar #89424 Federal Defender CARO MARKS, Bar #159267 Designated Counsel for Service 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorney for Defendant SHAWN ELVIS CHAO

STIPULATION AND [PROPOSED]

ORDER; CONTINUING STATUS CONFERENCE AND EXCLUDING TIME Date: July 22, 2011 Time: 9:00 a.m.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, WILLIAM WONG, Assistant United States Attorney, attorney for Plaintiff, and CARO MARKS, attorney for SHAWN ELVIS CHAO, that the status conference hearing date of July 8, 2011 be vacated, and the matter be set for status conference on July 22, 2011 at 9:00 a.m.

The reason for this continuance is defense counsel has received certain documents that must be examined before the defendant can decide how to resolve his case.

Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including July 22, 2011 pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.

ORDER UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the July 8, 2011, status conference hearing be continued to July 22, 2011, at 9:00 a.m. Based on the representation of defense counsel and good cause appearing there from, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time up to and including the July 22, 2011 status conference shall be excluded from computation of time within which the

trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.

GARLAND E. BURRELL, JR. United States District Judge

20110708

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