The opinion of the court was delivered by: Judge: Hon. William B. Shubb
DANIEL J. BRODERICK, #89424 Federal Defender JEFFREY L. STANIELS, Bar #91413 Assistant Federal Defender Designated Counsel for Service 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorney for Defendant ROBERT E. ROSENAU
STIPULATION AND [PROPOSED] ORDER
VACATING DATE, CONTINUING CASE AND EXCLUDING TIME Date: April 2, 2012 (TCH)
Time: 9:30 a.m.
IT IS HEREBY STIPULATED by and among Assistant United States Attorney Russell Carlberg, Counsel for Plaintiff, Scott Tedmon, Counsel for Donna M. Rosenau, and Assistant Federal Defender Jeffrey L. Staniels, Counsel for Robert E. Rosenau, that the jury trial scheduled for May 1, 2012, be vacated and re-calendared for May 8, 2012 at 9:00 a.m., at the request of counsel for Mr. Rosenau. This continuance is sought in order to accommodate Mr. Staniels' request so that he may attend to personal family matters in mid-April and still have a reasonable amount of time for last minute trial preparations. The Trial Confirmation Hearing now calendared for April 2, 2012, shall remain as currently set. The court is advised that Mr. Staniels has consulted with Mr. Tedmon and Mr. Carlberg who both have said they are agreeable to the one week continuance, and also with this court's clerk who has advised that the date of May 8, 2012 is available on the court's calendar.
IT IS FURTHER STIPULATED that time for trial under the Speedy Trial Act which has been excluded until May 1, 2012, CR 25 be further excluded from May 1, 2012 until May 8, 2012 2011, pursuant to 18 U.S.C. § 1361(h)(7)(A) & (B)(iv), Local code T-4, for continuity of counsel and defense preparation. Given the brevity of the requested continuance outlined above the parties request that this court find that the interests of justice served by granting this request outweigh the interests of the defendant and the public in commencing trial on May 1, 2012, rather than on May 8, 2012.
The one week continuance sought in the attached stipulation of the parties is hereby Granted. For the reasons stated and agreed to by all parties the court does find that the interests of justice served by granting the request outweigh the interests of the public and the defendants in a Speedy Trial. The jury trial scheduled for May 1, 2012 is continued to May 8, 2012 at 9:00 a.m.
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