IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 19, 2013
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
STIPULATION TO MODIFY MOTION BRIEFING SCHEDULE AND CONTINUE DATE FOR HEARING ON MOTION; ORDER THEREON Date: April 15, 2013 Time: 8:30 a.m. Judge: Hon. Lawrence J. O'Neill
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, KIMBERLEY A SANCHEZ, Assistant United States Attorney, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for Defendant Pang Mua, that the pending motion briefing schedule may be modified and that the time for hearing on the motions, currently scheduled for March 18, 2013, may be continued to April 15, 2013. The parties request that any motions may be filed on or before March 15, 2013; that any opposition thereto may be filed on or before April 5, 2011; and that the hearing on the motions may be continued to April 15, 2011 at 8:30 a.m.
The defense is preparing to file a motion to suppress evidence resulting from the stop of Mr. Mua's vehicle on January 5, 2012. The resolution of this matter would likely require an evidentiary hearing to resolve factual disputes. Mr. Mua, who is housed in the Lerdo Detention Facility, has also advised counsel telephonically of additional information pertinent to the motion. Counsel is scheduled to meet with Mr. Mua personally in the coming week to discuss the information in detail and make arrangements to conduct related investigation. The outcome of this investigation could determine whether it is prudent to proceed with the anticipated motion. In addition, the parties are engaged in negotiations which could resolve the case and eliminate the need to litigate the motion.
Based on the foregoing, the parties agree that time shall be excluded as necessary for effective defense preparation and for ruling on the motions pursuant to 18 U.S.C.§§3161(h)(1)(D), 3161(h)(7)(A) and 3161(B)(iv). For these reasons, the ends of justice served by the granting of the requested modification of the briefing schedule outweigh the interests of the public and the defendant in a speedy trial.
BENJAMIN B. WAGNER United States Attorney DATED: February 15, 2013 By /s/ Kimberley A. Sanchez KIMBERLEY A. SANCHEZ Assistant United States Attorney Attorney for Plaintiff JOSEPH SCHLESINGER Acting Federal Defender DATED: February 15, 2013 By /s/ Eric V. Kersten ERIC V. KERSTEN Assistant Federal Defender Attorney for Defendant Pang Mua
The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. §§3161(h)(1)(D), 3161(h)(7)(A) and 3161(B)(iv).
IT IS SO ORDERED.
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