The opinion of the court was delivered by: Judge: Hon. William B. Shubb
DANIEL J. BRODERICK, Bar# 89424 Federal Defender BENJAMIN D. GALLOWAY, Bar# 214897 Assistant Federal Defender 801 I Street, 3rd Floor Sacramento, California 95814 Telephone (916) 498-5700 Attorney for Defendant WAYNE JEFFREY MULLIN
Date: December 12, 2011 Time: 9:30 a.m.
STIPULATION AND [PROPOSED] ORDER
It is hereby stipulated and agreed to between the United States of America through MICHELLE PRINCE, Assistant U.S. Attorney, and defendant, WAYNE JEFFREY MULLIN, by and through his counsel, BENJAMIN GALLOWAY, Assistant Federal Defender, that the status conference set for Tuesday, October 17, 2011, be continued to Monday, December 12, 2011, at 9:30 a.m.
The reason for this continuance is to allow defense counsel additional time to review discovery with the defendant, to examine possible defenses and to continue investigating the facts of the case. Progress on these tasks is hindered by Mr. Mullin's very poor health. Mr. Mullin is in the middle of a six-week course of daily radiation treatment for lung cancer. He is also coping with the effects of end- stage chronic obstructive pulmonary disease (COPD). Mr. Mullin has been made weak and exhausted by his illnesses. It is anticipated that he will be better able to assist counsel in the preparation of his case when his health improves.
Speedy trial time is to be excluded from the date of this order through the date of the status conference set for December 12, 2011, pursuant to 18 U.S.C. § 3161 (h)(8)(B)(iv) [reasonable time to prepare] (Local Code T4).
IT IS SO ORDERED. Time is excluded from today's date through and including December 12, 2011, in the interests of justice pursuant to 18 U.S.C. §3161(h)(8)(B)(iv) [reasonable time to prepare] and Local Code T4. The status conference set for Tuesday, October 17, 2011 is continued to Monday, December 12, 2011, at 9:30 a.m.
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