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United States of America v. Lonnell Mccarter

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 18, 2013

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
LONNELL MCCARTER,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. William B. Shubb

STIPULATION AND [PROPOSED] ORDER CONTINUING CASE

Date: January 22, 2013 Time: 9:30 a.m.

IT IS HEREBY STIPULATED by and between Assistant United States Attorney Michelle Prince, counsel for Plaintiff, and Assistant Federal Defender Jeffrey Staniels, counsel for defendant LONNELL McCARTER, that the status conference scheduled for January 22, 2013, be vacated and the matter continued at the request of the defense until March 18, 2013 at 9:30 a.m., for change of plea or for trial setting.

The reason for the continuance is to allow for preparation and review of a pre-plea presentence report in order to reliably determine for Mr. McCarter's benefit his criminal history level if he faces sentencing.

IT IS FURTHER STIPULATED that the interests of justice served by the granting of this continuance outweigh the interests of the defendant and the public in a speedy trial and that time for trial under the Speedy Trial Act should therefore be excluded between January 22, 2013, and March 18, 2013, pursuant to 18 U.S.C. § 3161(h)(7)(A) & (B)(iv), Local Code T-4 (time to prepare).

IT IS SO STIPULATED.

Date: January 18, 2013 BENJAMIN B. WAGNER United States Attorney /s/ Michelle Prince MICHELLE PRINCE Assistant United States Attorney Counsel for Plaintiff Date: January 18, 2013 DANIEL J. BRODERICK Federal Defender /s/ Jeffrey L. Staniels JEFFREY L. STANIELS Assistant Federal Defender Counsel for Defendant LONNELL McCARTER

ORDER

The above stipulation of the parties is accepted. The status conference set for January 22, 2013, is VACATED. This case is ordered to be re-calendared on March 18, 2012 at 9:30 a.m., for change of plea or for trial setting.

The court finds, based on the reasons stated above, that the interests of justice served by granting this continuance outweigh the interests of the defendant and the public in a speedy trial. The above captioned matter is ordered to be continued until March 18, 2013, at 9:30 a.m. on this court's regular criminal calendar. Time for trial under the speedy trial act, 18 U.S.C. § 3161 et. seq. is excluded from January 22, 2013 through March 18, 2013, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv), Local Code T-4.

IT IS SO ORDERED.

By the Court,

20130118

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