IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 9, 2011
UNITED STATES OF AMERICA, PLAINTIFF,
LEO WHEELER, DEFENDANT.
The opinion of the court was delivered by: Judge: Hon. Garland E. Burrell Jr.
DANIEL J. BRODERICK, Bar #89424 Federal Defender MATTHEW M. SCOBLE, Bar# 237432 Assistant Federal Defender 801 I Street, 3rd Floor Sacramento, California 95814 Telephone (916) 498-5700 Attorney for Defendant LEO WHEELER
STIPULATION AND [PROPOSED] ORDER
DATE: February 3, 2012
TIME: 9:00 a.m.
It is hereby stipulated and agreed to between the United States of America through RUSSELL CARLBERG Assistant U.S. Attorney, and defendant, LEO WHEELER, by and through his counsel, MATTHEW M. SCOBLE, Assistant Federal Defender, that the judgment and sentencing set for Friday, December 23, 2011, be continued to Friday, February 3, 2012, at 9:00 a.m. for judgment and sentencing. Per pre-trial services officer Lynda Moore, the continuance will give sufficient time for the Pre- Sentence Report to be completed. Further, the government represents that one or more of the victims would like to address the Court. This continuance will facilitate coordinating the victims' schedule.
It is further stipulated that the time period from the date of this stipulation, December 9, 2011, through and including the date of the new judgment and sentencing hearing, February 3, 2012, shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. §§ 3161 (h)(7)(A) & (B)(iv)and Local Code T4 [reasonable time for defense counsel to prepare].
DATED: December 7, 2011 Respectfully submitted,
IT IS SO ORDERED. Time is excluded from today's date through and including February 3, 2012, in the interests of justice pursuant to 18 U.S.C. §3161(h)(7)(A) & (B)(iv) [reasonable time to prepare] and Local Code T4.
GARLAND E. BURRELL, JR. United States District Judge
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