IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 24, 2012
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 stipulate that the hearing on the defendant's pending Motion to Dismiss in this case may be continued from February 27, 2012, to March 12, 2012, at 8:30 a.m.
In addition, the parties stipulate that the schedule for the filing and briefing of pretrial motions be amended as follows:
OLD DATE NEW DATE February 21, 2012 March 7, 2012 The reason for this stipulation is that a close family member of counsel for the government suffered a medical emergency on February 3, 2012, and government counsel was away from work on sick leave to care for this person during a significant portion of the period of time given by the court to prepare the government's response to defendant's motion.
They parties further stipulate that the time between February 27, 2012 and March 12, 2012, should be excluded from the calculation of time under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(1)(D) [pending pretrial motions] and 18 U.S.C. § 3161 3161(h)(7)(B)(iv) [failure to grant such continuance would deny the government continuity of counsel and reasonable time necessary for effective preparation, taking into account the exercise of due diligence.]
The parties respectfully request the court to enter an order in accord with this stipulation.
IT IS SO ORDERED.
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