IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 26, 2012
UNITED STATES OF AMERICA,
BOBBY JUAREZ, DEFENDANT.
The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge
STIPULATION AND ORDER CONTINUING PRELIMINARY HEARING AND
IT IS HEREBY STIPULATED by and between Assistant United States Attorney Jason Hitt, counsel for the plaintiff United States of America, and defendant Bobby JUAREZ, by and through his counsel Thomas A. Johnson, Esq., that good cause exists to extend the preliminary hearing currently set for December 28, 2012, at 2:00 p.m., to January 11, 2013, pursuant to Federal Rule of Criminal Procedure 5.1(d).
Good cause exists to extend the time for the preliminary hearing within meaning of Rule 5.1(d) as government's counsel is not available the week of December 24, 2012, but he is available the following week, however defense counsel has advised that he is not available until January 11, 2013.
Defendant does not object to the continuance of the preliminary hearing date and agrees that this continuance will not prejudice him.
The parties further stipulate that the ends of justice are served by the Court excluding time from December 28, 2012, to January 11, 2013, so that counsel for the defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). For these reasons, the defendant, defense counsel, and the government stipulate and agree that the ends of justice outweigh the best interest of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A); Local Code T4.
DATED: December 26, 2012 /s/Jason Hitt JASON HITT Assistant U.S. Attorney DATED: December 26, 2012 /s/Jason Hitt for Thomas Johnson THOMAS JOHNSON, ESQ. Counsel for defendant Bobby JUAREZ Authorized to sign for Mr. Johnson on 12-21-12
ORDER Based upon the representations by counsel and the stipulation of the parties, IT IS HEREBY ORDERED that:
1. The Court finds good cause to extend the Preliminary Hearing in United States v. Juarez, Case No. 2:12-mj-00207 EFB, from December 28, 2012, at 2:00 p.m., to January 11, 2013, pursuant to Federal Rule of Criminal Procedure 5.1(d); and
2. Based upon the representations and stipulation of the parties, the court finds that the time exclusion under 18 U.S.C.
18 U.S.C. § 3161(h)(7)(A) and Local Code T4 applies and the ends of justice outweigh the best interest of the public and the defendant in a speedy trial based upon the factors set forth in 18 U.S.C. § 3161(h)(7)(B)(iv). Accordingly, time under the Speedy Trial Act shall be excluded from December 28, 2012, up to and including January 11, 2013.
IT IS SO ORDERED.
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