IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 8, 2011
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Judge: Honorable John A. Mendez
KRESTA NORA DALY, SBN 199689 Rothschild Wishek & Sands, LLP 901 F Street, Suite 200 Sacramento, CA 95814 Attorney for Clifford Wells
DATE: December 13, 2011 TIME: 9:30 a.m.
STIPULATION AND ORDER
It is hereby stipulated and agreed to between the United States of America through Michelle Prince, Assistant U.S. Attorney, and defendant, Clifford Wells, through his counsel, KRESTA DALY, that the status conference of December 13, 2011 be vacated and that a status conference be set for February 21, 2012 at 9:30 a.m.
This continuance is being requested because the parties have determined that the U.S. Attorney's office and subsequently, the defense are not in possession of the computer forensics. The government has requested this information from the case agent and the parties are waiting for a status update from the agent.
Defense counsel is scheduled to begin trial in a criminal tax case on January 31, 2012. The case is United States v. Wanland 09-CR-0008-LKK. At this time, defense counsel believes the trial will go forth on that date. The trial estimate is two weeks. Due to the volume of discovery and the complexity of the case, defense counsel will be unable ted with pdfFactory trial version www.pdffactory.com devote her time and attention to anything other than that case from at least January 1, 2012 until the completion of that trial which should be sometime in mid-February 2012.
The parties request that speedy trial time be excluded from the date of this order through the date of the status conference set for February 21, 2012 pursuant to 18 U.S.C. §§ 3161(h)(8)(B)(iv) [reasonable time to prepare] (Local Code T4).
IT IS SO ORDERED.
HONORABLE JOHN A. MENDEZ U. S. DISTRICT COURT JUDGE
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