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United States of America v. Barbara Eberle

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


July 11, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
BARBARA EBERLE, ET AL. DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge

JOSEPH J. WISEMAN, ESQ., CSBN 107403 JENNIFER C. NOBLE, ESQ., CSBN 256952 WISEMAN LAW GROUP, P.C. 1477 Drew Avenue, Suite 106 Davis, California 95618 Telephone: 530.759.0700 Facsimile: 530.759.0800 Attorney for Defendant BARBARA EBERLE

STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL CONFIRMATION HEARING Time: 9:00 a.m. Date: July 13, 2012 Judge: Garland E. Burrell, Jr.

IT IS HEREBY STIPULATED by and among the parties, UNITED STATES OF AMERICA, through its undersigned counsels of record, Assistant United States Attorneys R. Steven Lapham, and Lee S. Bickley, and Timothy E. Warriner, counsel for ROBERT EBERLE and Joseph J. Wiseman, counsel for BARBARA EBERLE, that the Trial Confirmation Hearing presently set for July 13, 2012, be continued to July 20, 2012, at 9:00 a.m.

The parties are entering this Stipulation to permit the defendants to review and discuss with their counsels the plea agreements the Government recently provided to the defense. The parties anticipate that Robert and Barbara Eberle will enter a change of plea on July 20, 2012. The parties further agree and stipulate that the ends of justice Stipulation and Proposed Order to Case No. CR -- 07-366 GEB Continue Status Conference served by the granting of such a continuance outweigh the best interests of the public and the defendant in a speedy trial and that time under the Speedy Trial Act should therefore be excluded under 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4 (to allow defense counsel time to review the newly provided discovery, discuss possible resolution with government, and analyze how best to proceed with the case) from the date of the parties' stipulation, July 10, 2012, to and including July 20, 2012.

IT IS SO STIPULATED.

JOSEPH J. WISEMAN, ESQ., CSBN 107403 JENNIFER C. NOBLE, ESQ., CSBN 256952 WISEMAN LAW GROUP, P.C. 1477 Drew Avenue, Suite 106 Davis, California 95618 Telephone: 530.759.0700 Facsimile: 530.759.0800 Attorney for Defendant BARBARA EBERLE

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

Case No. CR-07-366 GEB

UNITED STATES OF AMERICA, Plaintiff, v. Barbara Eberle, et al. Defendant.

GOOD CAUSE APPEARING, it is hereby ordered that the trial confirmation hearing presently set for July 13, 2012 be continued to July 20, 2012 at 9:00 a.m. I find that the ends of justice warrant an exclusion of time and that the defendant's need for a reasonable time for effective preparation exceeds the public interest in a trial within 70 days. THEREFORE IT IS FURTHER ORDERED that time be excluded pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4 from the date of this order to July 20, 2012.

IT IS SO ORDERED.

20120711

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