IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
August 23, 2012
UNITED STATES OF AMERICA, PLAINTIFF,
KEVIN SPENCER, DEFENDANT.
The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows:
1. By previous order, this matter was set for a status conference on Monday, August 27, 2012, at 1:00 p.m.
2. By this stipulation, the government now moves to continue the status conference date, as to this defendant only, to September 4, 2012, at 10:00 a.m. for a change of plea and to exclude time between August 27, 2012, and September 4, 2012. Plaintiff concurs in this request.
3. The parties agree and stipulate, and request that the Court find the following:
a. The parties need the time to and through September 4, 2012, to prepare, review, and
execute a plea agreement.
b. Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.
d. For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of August 27, 2012, to September 4, 2012, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A).
4. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.
IT IS SO STIPULATED.
DATED: August 21, 2012. Respectfully submitted, BENJAMIN B. WAGNER United States Attorney /s/ Karen A. Escobar___________________ KAREN A. ESCOBAR Assistant United States Attorney DATED: August 21, 2012. /s/ Eric Fogderude _____________ ERIC FOGDERUDE Counsel for Defendant
IT IS SO ORDERED.
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