IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 3, 2013
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Judge: Hon. Anthony W. Ishii
STIPULATION TO CONTINUE MOTIONS SCHEDULE AND HEARING; ORDER Date: February 19, 2013 Time: 10:00 AM
IT IS HEREBY STIPULATED by and between the parties hereto, and through their respective attorneys of record herein, that the motions hearing now set for January 28, 2013, may be continued to February 19, 2013, at 10:00 A.M., and that a new motions schedule be set as follows:
Event: Present Date: Requested New Date:
Declaration of Counsel January 11, 2013 Replies Due January 18, 2013 January 25, 2013 Hearing January 28, 2013 - 1:30 P.M. February 19, 2013 - 10:00 AM The continuance is requested by counsel for the defendant to allow counsel to and amend the substantive motion and prepare a declaration and to adequately evaluate and prepare necessary motions. The requested continuance will conserve time and resources for both counsel and the court. Counsel for defendant is out of town on the currently set hearing date. The hearing needs to be continued to accommodate both counsel's trial schedules. AUSA Brian Enos has no objection to the requested continuance.
The parties agree that the delay resulting from the continuance shall be excluded in the interests of justice, including but not limited to, the need for the period of time set forth herein for further defense preparation pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B), and that the interest of justice outweighs the interests of the public and the defendant in a speedy trial
BENJAMIN B. WAGNER United States Attorney DATED: January 3, 2013 By: /s/ Brian Enos BRIAN ENOS Assistant United States Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Public Defender DATED: January 3, 2013 By: /s/ Ann H. McGlenon ANN H. MCGLENON Assistant Federal Defender Attorney for Defendant Ricky Davis
ORDER IT IS SO ORDERED. For the reasons set forth above, the continuance requested is granted for good cause and the Court finds the interest of justice outweighs the interests of the public and the defendant in a speedy trial.
IT IS SO ORDERED.
UNITED STATES DISTRICT JUDGE
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