The opinion of the court was delivered by: Honorable Oliver W. Wanger
BENJAMIN B. WAGNER United States Attorney JEREMY R. JEHANGIRI Assistant United States Attorney 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: 559-497-4000 Attorneys for Plaintiff United States of America
STIPULATION AND AGREEMENT TO CONTINUE TRIAL CONFIRMATION AND ORDER MOTIONS IN LIMINE HEARINGS;
The United States of America, by and through Assistant United States Attorney Jeremy R. Jehangiri, and Defendant Michael Shane McFarling, by and through his counsel, Victor M. Chavez, submit this stipulation for the Court's consideration.
IT IS STIPULATED AND AGREED:
1. Pursuant to this Court's order that the jury trial date in this case be continued from September 27, 2011, to December 6, 2011, at 9:00 a.m., and pursuant to the parties stipulation that the ends of justice are served by the Court excluding such time, so that counsel for the United States and 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), the parties further request that the Trial Confirmation and Motions in Limine Hearings be likewise continued to November 21, 2011, at 9:00 a.m.
2. The parties stipulate and agree that their respective motions in limine shall be due on or before November 11, 2011. Any responses to such motions in limine shall be due on or before November 16, 2011.
3. 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 trial. 18 U.S.C. § 3161(h)(7)(A).
4. The parties are also engaged in extensive plea negotiations, and this case may be resolved without a trial. The parties stipulate that further discussions relating to a plea agreement and additional time to engage in such plea negotiations would allow for effective representation, taking into account the exercise of due diligence, and for efficient use of the Court's time and resources.
SO STIPULATED AND AGREED.
Oliver W. Wanger UNITED STATES DISTRICT JUDGE