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United States of America v. Cem Kiyak

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 7, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
CEM KIYAK, DEFENDANT.

The opinion of the court was delivered by: Honorable John A. Mendez United States District Judge Eastern District of California

BENJAMIN B. WAGNER United States Attorney TODD A. PICKLES Assistant United States Attorneys 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 Facsimile: (916) 554-2900 Attorneys for UNITED STATES OF AMERICA

STIPULATION AND REQUST TO CONTINUE STATUS HEARING AND TO EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT; ORDER [18 U.S.C. § 3161(h)]

This matter is set for a status hearing on May 8, 2012. Counsel for the United States has communicated with counsel for the defendant about the status of the case. Defense counsel has informed counsel for the United States that he is continuing to prepare for his client's defense, which includes reviewing voluminous evidence and documents that are in the possession of the United States Department of Homeland Security-Homeland Security Investigations, the copying of the entirety of which is impractical. Accordingly, the parties respectfully request that the status hearing set for May 16, 2012 be continued to July 24, 2012.

Furthermore, based on these facts, the parties stipulate and agree that time from May 8, 2012 through July 24, 2012 is necessary to provide defense counsel reasonable time to prepare a defense, taking into account due diligence. The parties further stipulate and agree that the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and the defendant in a speedy trial. The parties, through their respective counsel, hereby stipulate and request that the time period from May 8, 2012 to July 24, 2012, should be excluded under the Speedy Trial Act, 18 U.S.C. §3161(h)(7)(A) and (B)(iv), and Local Code T4, due to the need to provide defense counsel with the reasonable time to prepare.

IT IS SO STIPULATED.

ORDER

Based on the reasons set forth in the stipulation of the parties filed on May 4, 2012, and good cause appearing there from, the Court adopts the stipulation of the parties in its entirety.

IT IS HEREBY ORDERED that the status hearing currently scheduled for May 8, 2012, is VACATED and that the case is SET for a status hearing on July 24, 2012, at 9:30 a.m.

The Court further finds that the ends of justice that will be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. Accordingly, IT IS HEREBY ORDERED that, for the reasons stated in the parties' May 4, 2012 stipulation, the time within which the trial of this matter must be commenced under the Speedy Trial Act is EXCLUDED during the time period from May 8, 2012 to July 24, 2012, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), and Local Code T4, due to the need to provide defense counsel with the reasonable time to prepare taking into account due diligence.

IT IS SO ORDERED.

John A. Mendez

20120507

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