IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 17, 2012
UNITED STATES OF AMERICA,
JOHN DANIEL LEITAKER
The opinion of the court was delivered by: Judge: Hon. Morrison C. England, Jr.
STIPULATION TO RESET BRIEFING SCHEDULE; ORDER THEREON Date: October 18, 2012 Time: 8:30 a.m.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, MATTHEW G. MORRIS, Assistant United States Attorney, attorney for Plaintiff, and MARK J. REICHEL, Esq., attorney for defendant LEITAKER, to re-set a briefing schedule for the filing of dispositive pre trial motions as follows: Defense Filing: September 13, 2012 Government Opposition: September 27, 2012 Defense Replies: October 3, 2012 Hearing on the Motions: October 18, 2012 Stipulation and Order
This continuance is requested as defense counsel was unexpectedly in trial on a civil matter and needs additional time to finalize the briefing.
Accordingly, all counsel and defendant agree that time under the Speedy Trial Act from the date of lodging of the stipulation through October 10, 2012 should be excluded in computing the time within which trial must commence under the Speedy Trial Act, pursuant to Title 18 U.S.C. § 3161 (H)(7)(B)(iv) and Local Code T4, and that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial.
DATED: September 17, 2012. Respectfully submitted, MARK J. REICHEL, ESQ. Mark J. Reichel MARK J. REICHEL Attorney for defendant BENJAMIN WAGNER United States Attorney DATED: September 17, 2012. /s/MARK J. REICHEL for: MATTHEW G. MORRIS Assistant U.S. Attorney Attorney for Plaintiff
Pursuant to the foregoing stipulation of counsel, there shall be an exclusion of time in computing the time within which trial must commence under the Speedy Trial Act, pursuant to Title 18 U.S.C. § 3161 (H)(7)(B)(iv) and Local Code T4, and the court hereby finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. The briefing schedule proposed by the parties as enumerated above is hereby adopted.
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE
© 1992-2012 VersusLaw Inc.