UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
October 6, 2011
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Hon. Anthony W. Ishii
BENJAMIN B. WAGNER United States Attorney BRIAN W. ENOS Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 Attorneys for Plaintiff
STIPULATION TO CONTINUE HEARING
ON MOTION TO SUPPRESS
Date: October 24, 2011 Time: 1:30 p.m. Ctrm: 2
IT IS HEREBY STIPULATED by and between the parties hereto, through their respective attorneys of record, that the continued hearing regarding defendant's motion to suppress statements may be continued from 1:30 p.m. on Tuesday, October 11, 2011, to 1:30 p.m. on Monday, October 24, 2011.
The parties base this stipulation on good cause, in that Homeland Security Investigations Special Agent Craig Finley, the case agent whom defense counsel is in the midst of cross-examining with respect to defendant's suppression motion, must be in San Francisco on October 11, 2011 with his family attending a meeting with medical personnel relating to his father-in law's need to be placed on an organ donor list. The undersigned government counsel understands that family support is a criterion considered when determining whether and where the recipient is placed on the list. For reasons already stated on the court record, Agent Finley (the lead investigator on this case who was present at defendant's home the day of the search) qualifies as an "essential witness" regarding defendant's suppression motion, and his absence on October 11, 2011 qualifies this case for a time exclusion through the proposed continuance date pursuant to
18 U.S.C. § 3161(h)(3)(A). For the above-stated reason, the stipulated continuance will also conserve time and resources for both parties and the court, and the interests of justice served by granting the continuance outweigh defendant's and the public's speedy trial rights pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(ii).
IT IS SO ORDERED.
CHIEF UNITED STATES DISTRICT JUDGE
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