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United States of America v. Aaron Lewis Gaudinier

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


August 16, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
AARON LEWIS GAUDINIER,
DEFENDANT.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

STIPULATION TO CONTINUE STATUS CONFERENCE AND ORDER THEREON

Date: September 17, 2012 Time: 1:00 p.m. Judge: Hon. Sheila K. Oberto

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, DAVID L. GAPPA, Assistant United States Attorney, counsel for plaintiff, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for defendant Aaron Lewis Gaudinier, that the date for status conference in this matter may be continued to September 17, 2012, or the soonest date thereafter that is convenient to the court. The date currently set for status conference is August 20, 2012. The requested new date is September 17, 2012 at 1:00 p.m.

The defense is requesting this continuance to allow time to discuss the case with a forensic expert and to determine whether it would be beneficial to retain such an expert. The government does not object to this defense request for a continuance.

The parties agree that the delay resulting from the continuance shall be excluded as necessary for effective defense preparation pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv). For this reason, the ends of justice served by the granting of the requested continuance outweigh the interests of the public and the defendant in a speedy trial.

BENJAMIN B. WAGNER United States Attorney DATED: August 16, 2012 By /s/ David L. Gappa DAVID L. GAPPA Assistant United States Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Defender

DATED: August 16, 2012 By /s/ Eric V. Kersten

ERIC V. KERSTEN Assistant Federal Defender Attorney for Defendant Aaron Lewis Gaudinier

ORDER

The parties' request for a continuance of the status conference is DENIED. The current Stipulation does not set forth a description of what actions have been undertaken to move the case forward.

The parties are cautioned that any future request for an extension of time must be supported by good cause and shall include a detailed explanation demonstrating due diligence. This includes a description of what actions have been undertaken, in addition to a description of the further actions that are needed, to move the case forward.

IT IS SO ORDERED.

20120816

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