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United States of America v. Edward Jay Boring

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


October 14, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
EDWARD JAY BORING, DEFENDANT.

The opinion of the court was delivered by: Hon. William B. Shubb

BENJAMIN B. WAGNER United States Attorney KYLE REARDON Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2700

CONTINUING STATUS CONFERENCE STIPULATION AND [PROPOSED] ORDER

Time: 9:30 a.m. Date: Monday, October 17,2011 Court: Hon. William B. Shubb

The parties request that the status conference currently set for Monday, October 17, 2011, at 9:30 a.m., be continued to Monday, November 14, 2011, at 9:30 a.m., and stipulate that the time beginning October 17, 2011, and extending through November 14, 2011, should be excluded from the calculation of time under the Speedy Trial Act. 18 U.S.C. § 3161.

The defendant is currently held in San Joaquin County jail pending his trial on multiple counts of sexual molestation. Resolution of the federal trial will be affected by the results of the state proceeding.

In addition, Defense Counsel is currently unavailable due to medical issues.

Accordingly, the parties believe that the continuance should be excluded from the calculation of time under the Speedy Trial Act. The additional time is necessary to allow the current state court proceeding to conclude, 18 U.S.C. § 3161(h)(1)(B); and to permit continuity of counsel, id. at (7)(B)(iv). 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).

Respectfully Submitted,

ORDER

The status conference in case number 2:11-CR-006 WBS, currently set for Monday, October 17, 2011, at 9:30 a.m., is continued to Monday, November 14, 2011, at 9:30 a.m., and the time beginning October 17, 2011, and extending through November 14, 2011, is excluded from the calculation of time under the Speedy Trial Act in accordance with 18 U.S.C. § 3161. The additional time is necessary to allow the current state court proceeding to conclude, 18 U.S.C. § 3161(h)(1)(B); and to permit continuity of counsel, id. at (7)(B)(iv). The interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial.

IT IS SO ORDERED.

20111014

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