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United States of America v. Ralph Michael Smith

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


January 13, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
RALPH MICHAEL SMITH,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Anthony W. Ishii

STIPULATION TO CONTINUE STATUS CONFERENCE AND ORDER Date: February 27, 2012 Time: 9:00 a.m.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, BRIAN ENOS, Assistant United States Attorney, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for defendant, Ralph Michael Smith, that the date for status conference may be continued to February 27, 2012, or the soonest date thereafter that is convenient to the court. The date currently set for status conference is January 17, 2012, at 9:00 a.m. The requested new date is February 27, 2012, at 9:00 a.m.

The parties are currently engaged in plea negotiations. The defense is conducting investigation relevant to these negotiations, and for trial preparation in the event the negotiations are unsuccessful. It is anticipated that Mr. Smith will either enter a plea agreement, or the parties will request a trial date at the next status conference.

The parties agree that the delay resulting from the continuance shall be excluded as necessary for defense preparation pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv). For this reason, the ends of justice served by the granting of the requested continuance outweigh the interests of the public and the defendants in a speedy trial.

BENJAMIN B. WAGNER United States Attorney DATED: January 11, 2012 By /s/ Brian Enos BRIAN ENOS Assistant United States Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Defender DATED: January 11, 2012 By /s/ Eric V. Kersten ERIC V. KERSTEN Assistant Federal Defender Attorney for Defendant RALPH MICHAEL SMITH ORDER IT IS SO ORDERED. The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).

20120113

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