UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA UNITED
March 5, 2013
STATES OF AMERICA,
CHRISTOPHER LEE LANG,
The opinion of the court was delivered by: Hon. Allison Claire United States Magistrate Judge
STIPULATION AND [PROPOSED] ORDER TO CONTINUE PRELIMINARY HEARING
Date: March 14, 2013
Time: 2:00 p.m.
Judge: Hon. Allison Claire
The parties hereby stipulate and request that the Court continue the preliminary hearing scheduled for March 14, 2013, at 2:00 p.m., to April 18, 2013, at 2:00 p.m.
Counsel for Mr. Lang requires the time to determine whether he believes Mr. Lang understands the nature and type of proceedings presently pending. Counsel may move for a competency evaluation of Mr. Lang after this determination.
In addition, the parties have expressed interest in reaching a preindictment resolution of the pending charges. Counsel for Mr. Lang requires time to review a proposed settlement offer with Mr. Lang.
The parties agree that the above reasons constitute good cause to extend the time for preliminary hearing under Fed. R. Crim. P. 5.1, and that the Court should extend the time within which the government must file an indictment to April 18, 2013. The parties stipulate that the ends of justice served by granting Mr. Lang's request for a continuance outweigh the best interest of the public and Mr. Lang in a speedy trial, and that this is an appropriate exclusion of time for defense preparation within the meaning of 18 U.S.C. § 3161(h)(7) (Local Code T4).
Dated: March 5, 2013 JOSEPH SCHLESINGER Acting Federal Defender /s/ M.Petrik MICHAEL PETRIK, Jr. Assistant Federal Defender Dated: March 5, 2013 BENJAMIN B. WAGNER United States Attorney /s/ M.Petrik for M. Rodriguez MICHELLE RODRIGUEZ Assistant U.S. Attorney
Finding good cause, the Court orders the preliminary hearing continued to April 18, 2013, at 2:00 p.m., before the duty magistrate; and, time excluded as set forth above for the reasons set forth above. The Court finds that the ends of justice served by granting Mr. Lang's request for a continuance outweigh the best interest of the public and Mr. Lang in a speedy trial.
IT IS SO ORDERED.
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