UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
October 16, 2012
UNITED STATES OF AMERICA,
JAMES O. MOLEN,
The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge
STIPULATION AND [PROPOSED] ORDER TO SET MOTION HEARING ON DECEMBER 14, 2012, AT 9:00 A.M., TOGETHER ) WITH BRIEFING SCHEDULE Date: October 19, 2012 Time: 9:00 a.m. Judge: Hon. Garland E. Burrell
THE PARTIES STIPULATE, through counsel, Matthew D. Segal, Assistant United States Attorney, and Michael Petrik, Jr., attorney for James O. Molen, that the Court should vacate the status conference scheduled for October 19, 2012, at 9:00 a.m., and set a motion hearing on December 14, 2012, at 9:00 a.m.
Counsel agree that: the defendant will file motions on or before November 9, 2012; the government will respond on or before November 30, 2012; and the defendant may reply on or before December 7, 2012.
The parties further stipulate that the Court should exclude the period from the date of this order through December 14, 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 Mr. Molen's request for time to file motions outweighs the best interest of the public and Mr. Molen 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) (Local Code T4), and § 3161(h)(1)(D) (Local Code E).
Dated: October 16, 2012 Respectfully submitted,
DANIEL BRODERICK Federal Defender /s/ M.Petrik
MICHAEL PETRIK, Jr.
Assistant Federal Defender Dated: October 16, 2012 BENJAMIN B.
United States Attorney /s/ M.Petrik for
MATTHEW D. SEGAL Assistant U.S. Attorney
IT IS SO ORDERED. The Court vacates the status conference on October 19, 2012, and sets a motion hearing for December 14, 2012, at 9:00 a.m. The Court finds that a continuance is necessary for the reasons stated above, and further finds that the ends of justice served by granting defendant time to file motions outweighs the best interests of the public and the defendant in a speedy trial. Time is therefore excluded from the date of this order through December 14, 2012, pursuant to 18 U.S.C. §§ 3161(h)(7) (Local Code T4), and 3161(h)(1)(D) (Local Code E).
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