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United States of America v. Minh Tham

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


March 11, 2013

UNITED STATES OF AMERICA
PLAINTIFF
v.
MINH THAM DEFENDANT

The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge

STIPULATION AND PROPOSED ORDER CONTINUING STATUS ORDER (PROPOSED)

It is hereby stipulated between the parties that status in this matter, as to this defendant only, be continued to April 19, 2013. Defendant has just recently received a plea agreement and he and counsel must have time to discuss it. In addition, undersigned will be unavailable on the current status conference date of March 15, 2013.

For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of March 15, 2013 to April 19, 2013, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) [Local Code T4] because it results from a continuance granted by the Court at defendant's request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial pursuant to 18 U.S.C. § 3161(h).

4. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence. Dated: March 8, 2013 Respectfully submitted,

/s/MICHAEL B. BIGELOW Michael B. Bigelow Attorney for Defendant IT IS SO STIPULATED DATED: March 8, 2013 /s/MICHAEL B. BIGELOW Michael B. Bigelow Attorney for Defendant Tham DATED: March 8, 2013 /s/TODD LERAS Todd Leras Assistant United States Attorney

ORDER (PROPOSED)

IT IS ORDERED: that pursuant to stipulation the above referenced matter shall be continued until APRIL 19, 2013 at 9:00 PM, and time excluded for the reasons set forth above.

20130311

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