IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 17, 2011
UNITED STATES OF AMERICA,
TONY HUY HAVENS,
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
BENJAMIN B. WAGNER United States Attorney MARK J. McKEON Assistant U.S. Attorney 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone (559) 498-4000 Facsimile: (559) 497-4099 Attorneys for the United States of America
STIPULATION AND ORDER TO EXCLUDE TIME
The parties request that the status conference in this case be continued from November 21, 2011 to December 5, 2011 at 9:00 a.m. They stipulate that the time between November 21, 2011 and December 5, 2011 should be excluded from the calculation of time under the Speedy Trial Act.
In addition, the parties request that the schedule for the filing and briefing of pretrial motions be amended as follows:
OLD DATE NEW DATE October 21, 2011 October 31, 2011 November 11, 2011 November 28, 2011
The parties request this continuance because counsel for the government will be out of the district on November 21, 2011. Therefore, time may be excluded under 18 U.S.C. § 3161(h)(7)(B)(iv) because a failure to continue the hearing would deny the Government continuity of counsel. The parties further 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, counsel for the defendant needs additional time to determine whether any motions are appropriate for this case. 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).
IT IS SO ORDERED.
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