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United States of America v. Mitchell Wright

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


August 31, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
MITCHELL WRIGHT,
DEFENDANT.

The opinion of the court was delivered by: Hon. Garland E. Burrell, Jr.

STIPULATION CONTINUING STATUS CONFERENCE; and [proposed] ORDER

Date: February 1, 2013 Time: 9:00 a.m.

The United States of America and defendant Mitchell Wright hereby request that the Court vacate the status conference currently scheduled for August 31, 2012, and set a new status conference to occur on February 1, 2013. The defendant agreed to resolve his matter through a plea to a misdemeanor charge and on May 30, 2012, he entered that plea. His hearing on judgment and sentence is currently set to occur before the Magistrate on January 28, 2013. Following sentencing, the government anticipates filing with this Court a motion to dismiss the charges against Mr. Wright in the pending indictment in accordance with the terms of the plea agreement. If Mr. Wright fulfills his obligations under the plea agreement, the government anticipates filing the motion to dismiss on or before February 1, 2013.

The parties stipulate that the ends of justice are served by the Court excluding the time between August 31, 2012, and February 1, 2013, so that the defendant may continue to fulfill his obligations under the plea agreement to the misdemeanor charge, which will likely result in the dismissal of the pending felony charges in this case. 18 U.S.C. §3161(h)(1) (other proceedings concerning the defendant) / Local Code C (other charges pending).

DATED: August 30, 2012 /s/ Philip A. Ferrari for SCOTT SUGARMAN, ESQ. Attorney for Defendant M. Wright DATED: August 30, 2012 BENJAMIN B. WAGNER United States Attorney By: /s/ Philip A. Ferrari PHILIP A. FERRARI Assistant U.S. Attorney

IT IS ORDERED that the status conference currently set for August 30, 2012, is vacated, and a new status conference is set for February 1, 2013, at 9:00 a.m. For the reasons stipulated to by the parties, good cause exists pursuant to 18 U.S.C. §§ 3161(h), and time is excluded under the Speedy Trial Act through February 1, 2013. For the reasons set forth in the stipulation, the interests of justice served by granting this continuance outweigh the best interests of the public and the defendants in a speedy trial.

IT IS SO ORDERED.

GARLAND E. BURRELL, JR. Senior United States District Judge

20120831

© 1992-2012 VersusLaw Inc.



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