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United States of America v. Gary Truong

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 28, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
GARY TRUONG,
DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge

STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE TO OCTOBER 12, 2012, AT 9:00 A.M. Time: 9:00 a.m. Judge: Garland E. Burrell, Jr.

THE PARTIES STIPULATE, through their respective attorneys, that the Court should vacate the status conference scheduled for September 28, 2012, at 9:00 a.m., and reset it for October 12, 2012, at 9:00 a.m.

Counsel for defendant requires further time to review discovery, to confer with client, and to prepare.

The parties further stipulate that the Court should exclude the period from the date of this order through October 12, 2012, when it computes the time within which the trial of the above criminal prosecution must commence for purposes of the Speedy Trial Act. The parties stipulate that the ends of justice served by granting defendant's request for a continuance outweigh the best interest of the public and the defendant in a speedy trial, and that this is an appropriate exclusion of time for defense preparation within the meaning of 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) (Local Code T4). Dated: September 26, 2012 Respectfully submitted,

DANIEL BRODERICK Federal Defender /s/ M. Petrik MICHAEL PETRIK, Jr. Assistant Federal Defender Attorneys GARY TRUONG Dated: September 26, 2012 BENJAMIN B. WAGNER United States Attorney /s/ M. Petrik for Jason Hitt JASON HITT Assistant U.S. Attorney

ORDER IT IS SO ORDERED. The Court orders time excluded from the date of this order through the status conference on October 12, 2012, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) (Local Code T4). The Court finds that the ends of justice served by granting defendant's request for a continuance outweigh the best interest of the public and the defendant in a speedy trial.

Dated: September 26, 2012

20120928

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