IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 5, 2012
UNITED STATES OF AMERICA,
MARTIN DAMINE LYLE,
The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
STIPULATION TO CONTINUE STATUS CONFERENCE AND ORDER THEREON
Date: February 11, 2013 Time: 1:00 p.m. Judge: Hon. Barbara A. McAuliffe
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, BRIAN W. ENOS, Assistant United States Attorney, counsel for plaintiff, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for defendant Martin Damine Lyle, that the date for status conference in this matter may be continued to February 11, 2013, or the soonest date thereafter that is convenient to the court. The date currently set for status conference is December 10, 2012. The requested new date is February 11, 2013.
The arraignment in this matter occurred on November 19, 2012 and the first status conference is scheduled for December 10, 2012. The government has provided initial discovery but defense counsel has not yet had the opportunity to review the material with Mr. Lyle or to conduct investigation. This continuance is requested to allow time for initial defense investigation and preparation.
The parties agree that the delay resulting from the continuance shall be excluded as necessary for effective defense preparation pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv). For this reason, the ends of justice served by the granting of the requested continuance outweigh the interests of the public and the defendant in a speedy trial.
BENJAMIN B. WAGNER United States Attorney DATED: December 5, 2012 By /s/ Brian W. Enos BRIAN W. ENOS Assistant United States Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Defender DATED: December 5, 2012 By /s/ Eric V. Kersten ERIC V. KERSTEN Assistant Federal Defender Attorney for Defendant Martin Damine Lyle
ORDER IT IS SO ORDERED. The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv).
IT IS SO ORDERED.
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