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United States of America v. Kenneth Noel Nelson

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 25, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
KENNETH NOEL NELSON, JR.,
DEFENDANT.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

BENJAMIN B. WAGNER United States Attorney KIRK E. SHERRIFF Assistant U.S. Attorney 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 Attorneys for the United States of America

STIPULATION & ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME UNDER THE ) SPEEDY TRIAL ACT NUNC PRO TUNC Old Date: May 14, 2012 ) Old Time: 1:00 p.m. New Date: July 16, 2012 New Time: 10:00 a.m. Court: Two ) (Hon. Anthony W. Ishii)

Defendant KENNETH NOEL NELSON, JR., by and through his counsel of record Carl M. Faller, and plaintiff the United States of America, by and through its counsel of record, hereby jointly stipulate and respectfully request that the Court order that time be excluded for the period from the status conference on May 14, 2012 through the change of plea hearing on July 16, 2012.

The grounds for this stipulation are that a continuance of time through July 16, 2012 is required to provide additional time for effective defense preparations, plea negotiations, and consideration of a potential plea by the defendant, taking into account the exercise of due diligence, and to ensure continuity of defense counsel. In the absence of such a continuance of the hearing and exclusion of time, the case would be reset before the Court immediately and such proceeding would not allow sufficient time for effective defense preparations and plea negotiations, and would render the proceeding impossible or result in a miscarriage of justice.

The parties agree and stipulate that time should be excluded in the interests of justice from the status conference on May 14 through and including the continued hearing date on July 16, 2012, under 18 U.S.C. § 3161(h)(7)(A) and (7)(B)(i) & (iv), in that the ends of justice served by the continuance outweigh the interests of the public and the defendant in a speedy trial.

IT IS SO STIPULATED.

ORDER

The Court has reviewed and considered the stipulation of the parties to exclude time through the continued change of plea hearing date in this case. It is ordered that the hearing in this case is continued to July 16, 2012, at 10:00 a.m in Courtroom Two. It is further ordered that time shall be excluded in the interests of justice, based on the grounds set forth in the parties' stipulation, nunc pro tunc from May 14, 2012 through and including the hearing date of July 16, 2012, under 18 U.S.C. § 3161(h)(7)(A) and (7)(B)(i) & (iv), in that the ends of justice served by the continuance outweigh the interests of the public and the defendant in a speedy trial.

IT IS SO ORDERED.

20120525

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