IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 16, 2012
UNITED STATES OF AMERICA,
JUVANY HERRERA-FELIX, DEFENDANT.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
BENJAMIN B. WAGNER United States Attorney TODD D. LERAS Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2918
STIPULATION AND [PROPOSED] ORDER CONTINUING PRELIMINARY HEARING
IT IS HEREBY STIPULATED between Plaintiff United States of America, by and through Assistant United States Attorney Todd D. Leras, and Danny D. Brace, Counsel for Defendant Juvany Herrera-Felix, that the preliminary hearing scheduled for April 16, 2012, be continued to June 15, 2012, at 2:00 p.m.
The parties are working toward a pre-indictment resolution of this matter. In light of continuing investigation being conducted relevant to the potential disposition, both parties are requesting additional time for attorney preparation.
The government and defendant agree that the combination of settlement discussions and continuing investigation constitute good cause to extend the time for preliminary hearing under Federal Rule of Criminal Procedure 5.1(d), as well as under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(B)(iv). This exclusion of time includes the period up to and including June 15, 2012.
Danny Brace agrees to this request and has authorized Assistant United States Attorney Todd D. Leras to sign this stipulation on his behalf.
IT IS HEREBY ORDERED:
1. The preliminary hearing set for April 16, 2012, is continued to June 15, 2012, at 2:00 p.m.
2. Based on the stipulations and representations of the parties, the Court finds good cause to extend the time for the preliminary hearing, and time is excluded up to and including June 15, 2012. (18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4 (reasonable time to prepare)).
The undersigned finds that the interests of justice outweigh the defendant's and the public's rights to a speedy trial.
IT IS SO ORDERED.
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