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United States of America v. Bobby Joe Kirby

August 1, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
BOBBY JOE KIRBY
DEFENDANT.



The opinion of the court was delivered by: Hon. Gregory G. Hollows U.S. Magistrate Judge

BENJAMIN B. WAGNER United States Attorney MATTHEW D. SEGAL Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2708

STIPULATION AND ORDER TO EXTEND TIME FOR PRELIMINARY EXAMINATION AND EXCLUDE TIME

The parties confirm their in-court request that the preliminary examination in this case be continued to August 5, 2011. They stipulate that the time between the filing of this stipulation and August 5, 2011 should be excluded from the calculation of time under the Speedy Trial Act and that there is good cause for a continuance of the preliminary examination pursuant to Fed. R. Crim. P. 5.1(d). 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 Government has now disclosed pre-indictment discovery and the parties are discussing a possible pre-indictment resolution to this matter. 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 return of an indictment and speedy trial. 18 U.S.C. § 3161(h)(7)(A); 18 U.S.C. § 3161(b).

Respectfully Submitted,

SO ORDERED.

Gregory G. Hollows

20110801

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