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United v. Daniel Richard Garcia

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 21, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
DANIEL RICHARD GARCIA,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Lawrence K. Karlton

Date: July 19, 2011 Time: 9:15a.m.

ORDER SETTING MOTION HEARING; BRIEFING SCHEDULE

This matter came before the Court for status conference on July 19, 2011. The parties agreed to set a hearing on August 30, 2011, at 9:15 a.m., for argument on defendant's motion to dismiss the indictment filed July 18, 2011. The parties agreed that the Court should exclude time under the Speedy Trial Act up to and including August 30, 2011, pursuant to 18 U.S.C. § 3161(h)(1)(D), Local Code E, based upon the pendency of defendant's motion. Finally, the parties agreed that the government would respond to defendant's motion on or before August 16, 2011, and that the defendant may reply on or before August 23, 2011.

Good cause appearing therefor, IT IS ORDERED that defendant's motion will be heard on August 30, 2011, at 9:15 a.m.; IT IS FURTHER ORDERED that the period from July 18, 2011, up to and including August 30, 2011, is excluded pursuant to 18 U.S.C. § 3161(h)(1)(D), Local Code E, due to the pendency of defendant's motion; and,IT IS FURTHER ORDERED that the parties adhere to the briefing schedule set forth above unless modified by the Court.

THE COURT FINDS that the ends of justice served by granting the defendants' request for a continuance outweigh the best interest of the public and the defendants in a speedy trial.

ORDER 2 11-290 LKK

20110721

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