UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
December 10, 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 RESET MOTION HEARING ON JANUARY 18, 2013, AT 9:00 A.M., TOGETHER WITH BRIEFING SCHEDULE Date: January 11, 2013 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 motion hearing scheduled for January 11, 2013, at 9:00 a.m., and reset it on January 18, 2013, at 9:00 a.m.
Counsel for the defense requires the continuance to prepare motions, and confer with the defendant regarding the forthcoming motions and discovery the government has produced to date.
Counsel agree that: the defendant will file motions on or before December 14, 2012; the government will respond on or before January 4, 2013; and the defendant may reply on or before January 11, 2013.
The parties further stipulate that the Court should exclude the period from the date of this order through January 18, 2013, 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: December 10, 2012 Respectfully submitted, DANIEL BRODERICK Federal Defender /s/ M.Petrik MICHAEL PETRIK, Jr. Assistant Federal Defender Dated: December 10, 2012 BENJAMIN B. WAGNER United States Attorney /s/ M.Petrik for MATTHEW D. SEGAL Assistant U.S. Attorney
IT IS SO ORDERED. The Court vacates the motion hearing on January 11, 2013, and resets it on January 18, 2013, 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 January 18, 2013, pursuant to 18 U.S.C. §§ 3161(h)(7) (Local Code T4), and 3161(h)(1)(D) (Local Code E).
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