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United States of America v. Bobby Joe Kirby

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


August 5, 2011

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

The opinion of the court was delivered by: Kendall J. Newman United States 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 26, 2011. They stipulate that the time between the filing of this stipulation and August 26, 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 a proposed plea agreement to the Defense. Also, some additional time is appropriate for attorney-client consultation in this case because the Defendant lives in Reno, some distance from the office of his attorney. 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.

20110805

© 1992-2011 VersusLaw Inc.



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