IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
July 11, 2011
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Judge: Hon. Edward J. Garcia
AMENDED STIPULATION AND ORDER; CONTINUING STATUS CONFERENCE AND DISPOSITION HEARING AND EXCLUDING TIME Date: September 9, 2011 Time: 10:00 a.m.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, JASON HITT, Assistant United States Attorney, attorney for Plaintiff, and COURTNEY FEIN, attorney for JORDAN VARNER, that the status conference hearing date and disposition hearing date of July 15, 2011 be vacated, and the matter be set for status conference and disposition hearing on September 9, 2011 at 10:00 a.m.
The reason for this continuance is to allow defense counsel additional time to review the discovery, consult with her client, examine possible defenses, and continue investigating the facts of the case as well as settlement discussions between the parties regarding both the new indictment and the supervised release violation. 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 September 9, 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.
DATED: July 12, 2011. Respectfully submitted, DANIEL J. BRODERICK Federal Public Defender COURTNEY FEIN Assistant Federal Defender Designated Counsel for Service Attorney for JORDAN VARNER DATED: July 12, 2011. BENJAMIN WAGNER United States Attorney /s/ Jason Hitt
JASON HITT Assistant U.S. Attorney Attorney for Plaintiff ORDER UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the July 15, 2011, status conference hearing be continued to September 9, 2011, at 10:00 a.m. Based on the representation of defense counsel and good cause appearing therefrom, 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 September 9, 2011 status conference and disposition hearing 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.
EDWARD J. GARCIA United States District Judge
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