IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 20, 2013
UNITED STATES OF AMERICA, PLAINTIFF,
CURTIS SANDERS, ET AL DEFENDANTS.
The opinion of the court was delivered by: Judge: Hon. Carolyn K. Delaney
STIPULATION TO EXTEND DATE FOR PRELIMINARY HEARING; ORDER EXTENDING TIME
DATE: March 7, 2013
TIME: 2:00 p.m.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, TODD LERAS, Assistant United States Attorney, attorney for Plaintiff, BENJAMIN D. GALLOWAY, Assistant Federal Defender, attorney for Defendant CURTIS SANDERS, and OLAF HEDBERG, attorney for Defendant FREDERICK EDWARDS, that the preliminary hearing presently set for February 21, 2013 shall be vacated and a new date for preliminary hearing shall be March 7, 2013 at 2:00 p.m.
The parties further agree, pursuant to Fed.R.Crim.Pro.5.1(c) and (d), that this court should make a finding of good cause for the extension and that in fact good cause is hereby shown. Defense counsel and the government have not had sufficient time to (1) finalize necessary preparation for indictment, and (2) prepare for the preliminary hearing, and (3) finalize negotiations with the defendants and defense counsel about potential settlement of the case.
The parties submit that the ends of justice are served by the Court excluding such time, so that they 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). The parties stipulate that the interest of justice outweighs the interest of the public and the defendants in a speedy filing of an indictment or information, 18 U.S.C. §§ 3161(b),(h)(7)(A), and further that this good cause outweighs the public's interest in the prompt disposition of criminal cases. Fed. R. Crim. P. 5.1(d).
All parties request the date of March 7, 2013 for the preliminary hearing in this case. The request for extending the date for preliminary hearing is at the specific request of the defendants and with the knowing and voluntary waiver of their Speedy Preliminary Hearing rights under the law. Good cause is thereby shown.
AGREED: DATED: February 19, 2013 JOSEPH SCHLESINGER Acting Federal Defender /s/ Benjamin Galloway BENJAMIN GALLOWAY Assistant Federal Defender Attorney for Defendant Sanders DATED: February 19, 2013 /s/ Benjamin Galloway for OLAF HEDBERG Attorney at Law Attorney for Defendant Edwards DATED: February 19, 2013 BENJAMIN WAGNER United States Attorney /s/ Benjamin Galloway for TODD LERAS Assistant U.S. Attorney Attorney for Plaintiff
ORDER GOOD CAUSE APPEARING AND HAVING BEEN SHOWN, IT IS SO ORDERED. The date for preliminary hearing in this matter is hereby re-set for March 7, 2013, at 2:00 p.m.
KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE
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