IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 5, 2012
UNITED STATES OF AMERICA, PLAINTIFF,
NICK DO, DEFENDANT.
The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge
STIPULATION AND [PROPOSED] ORDER
TO CONTINUE STATUS CONFERENCE
Plaintiff, United States of America, by and through its counsel, Assistant United States Attorney Matthew Morris, and defendant, Nick Do, by and through his counsel, Erin J. Radekin, 20 agree and stipulate to vacate the date set for status conference, October 5, 2012 at 9:00 a.m., in the 21 above-captioned matter, and to continue the status conference to October 26, 2012 at 9:00 a.m. in the 22 courtroom of the Honorable Garland E. Burrell. 23
The reason for this request is that Ms. Radekin needs additional time to complete review of 24 discovery and other defense preparation and to meet with Mr. Do. Further, the parties need time to 25 engage in plea negotiations. The Court is advised that Mr. Morris concurs with this request and has 26 authorized Ms. Radekin to sign this stipulation on his behalf. 27
The parties further agree and stipulate that the time period from the filing of this stipulation 28 until October 26, 2012 should be excluded in computing time for commencement of trial under the Speedy Trial Act, based upon the interest of justice under 18 U.S.C. § 3161(h)(7)(B)(iv), and Local Code T4, to allow continuity of counsel and to allow reasonable time necessary for effective defense 2 preparation. It is further agreed and stipulated that the ends of justice served in granting the request 3 outweigh the best interests of the public and the defendant in a speedy trial. 4
Accordingly, the parties respectfully request the Court adopt this proposed stipulation. 5
IT IS SO STIPULATED
Dated: October 4, 2012 BENJAMIN WAGNER United States Attorney By: /s/ Matthew Morris MATTHEW MORRIS Assistant United States Attorney Dated: October 4, 2012 /s/ Erin J. Radekin 11 ERIN J. RADEKIN Attorney for Defendant NICK DO
For the reasons set forth in the accompanying stipulation and declaration of counsel, the status 16 conference date of October 5, 2012 at 9:00 a.m. is VACATED and the above-captioned matter is set 17 for status conference on October 26, 2012 at 9:00 a.m. The Court finds excludable time in this matter 18 through October 26, 2012 under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4, to allow 19 continuity of counsel and to allow reasonable time necessary for effective defense preparation. For 20 the reasons stipulated by the parties, the Court finds that the interest of justice served by granting the 21 request outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. §§ 22 3161(h)(7)(A), (h)(7)(B)(iv). 23
IT IS SO ORDERED.
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