IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 4, 2012
UNITED STATES OF AMERICA,
BRAD WILLIAM HESSE,
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
STIPULATION AND ) ORDER TO EXCLUDE TIME
The parties request that the status conference in this case be continued from April 9, 2012 to April 23, 2012, at 8:30 a.m. They stipulate that the time between April 9, 2012 and April 23, 2012 should be excluded from the calculation of time under the Speedy Trial Act. The parties stipulate that the ends of justice are served by the Court excluding such time, so that counsel for the defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence and to assure continuity of government counsel. 18 U.S.C. § 3161(h)(7)(B)(iv). Specifically, counsel for the government is unavailable on April 9, 2012 because he will be out of office, and requests a continuance so that he can personally be present at the status conference and for continuity of counsel. In addition, the parties are in discussion about the amount of loss that may be attributable to Mr. Hesse in the alleged criminal scheme, and hope to be able to resolve that issue before the status conference in order to further plea negotiations. The parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).
Respectfully Submitted, BENJAMIN B. WAGNER United States Attorney DATE: April 4, 2012 By: /s/ Mark J. McKeon MARK J. McKEON Assistant U.S. Attorney DATE: April 4, 2012 /s/ Ann Voris ANN VORIS Attorney for Defendant
Good Cause exists for the continuance. Time is excluded for the reasons stated.
IT IS SO ORDERED.
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