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United States of America v. Muzdha Khalil

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


September 18, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
MUZDHA KHALIL, ET AL.,
DEFENDANTS.

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

STIPULATION AND [PROPOSED] ORDER; ) MUZDHA KHALIL CONTINUING STATUS CONFERENCE FOR )) Date: October 19, 2012 ) Time: 9:00 a.m.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Assistant United States Attorney STEVEN LAPHAM, and Research and Writing Attorney, RACHELLE BARBOUR, attorney for MUZDHA KHALIL, that the status conference set for September 21, 2012 for Ms. Khalil be rescheduled to October 19, 2012, at 9:00 a.m.

Defense counsel has recently received this case from Assistant Federal Defender Caro Marks, who has retired from our office. The government has referred Ms. Khalil's case to the Pretrial Services Office for the preparation of a pretrial diversion report. Pretrial Services requires time to complete its investigation and provide the report to the parties. It is anticipated that the parties will resolve the case through a term of pretrial diversion.

Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including October 19, 2012 pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.

DATED: September 18, 2012 Respectfully submitted, DANIEL J. BRODERICK Federal Public Defender /s/ Rachelle Barbour RACHELLE BARBOUR Designated Counsel for Service Attorney for MUZDHA KHALIL DATED: September 18, 201 2 BENJAMIN WAGNER United States Attorney /s/ Rachelle Barbour for STEVEN LAPHAM Assistant U.S. Attorney

ORDER

UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the September 21, 2012, status conference hearing be continued to October 19, 2012, at 9:00 a.m. Based on the representation of defense counsel and good cause appearing there from, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court 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. It is ordered that time up to and including the October 19, 2012 hearing shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4, to allow counsel reasonable time to prepare.

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

20120918

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