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United States of America v. Gary Truong

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 5, 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 DECEMBER 21, 2012, AT 9:00 A.M. Date: December 7, 2012 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 December 7, 2012, at 9:00 a.m., and reset it for December 21, 2012, at 9:00 a.m.

Counsel for the defense has received a plea agreement and requires further time to review and to confer with Mr. Truong. Counsel for the defense has difficulty conferring with Mr. Truong because the United States Marshal houses him in Butte County Jail.

The parties further stipulate that the Court should exclude the period from the date of this order through December 21, 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) (Local Code T4).

Dated: December 5, 2012 Respectfully submitted, DANIEL BRODERICK Federal Defender /s/ M.Petrik MICHAEL PETRIK, Jr. Assistant Federal Defender Attorneys GARY TRUONG Dated: December 5, 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 December 21, 2012, pursuant to 18 U.S.C. § 3161(h)(7) (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.

20121205

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