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United States of America v. Lonnell Mccarter

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


March 15, 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: March 18, 2013 Time: 9:30 a.m.

IT IS HEREBY STIPULATED by and between Assistant United States Attorney Matthew Morris, counsel for Plaintiff, and Assistant Federal Defender Jeffrey Staniels, counsel for defendant LONNELL McCARTER, that the status conference scheduled for March 18, 2013, be vacated and the matter continued at the request of the defense until April 29, 2013 at 9:30 a.m., for change of plea or for trial setting.

The reason for the continuance is to allow the probation office to receive and review documents necessary in order to prepare the previously ordered pre-plea presentence report. Receipt of the needed documents was inadvertently not accomplished before the temporary departure for overseas duty of previously assigned government counsel.

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 March 18, 2013, and April 29, 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: March 15, 2013 BENJAMIN B. WAGNER United States Attorney /s/ Michelle Prince MICHELLE PRINCE Assistant United States Attorney Counsel for Plaintiff Date: March 15, 2013 JOSEPH SCHLESINGER Acting 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 March 18, 2013, is VACATED. This case is ordered to be re-calendared on April 29, 2012, 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 April 29, 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 March 18, 2013 through April 29, 2013, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv), Local Code T-4.

IT IS SO ORDERED.

By the Court,

HON. WILLIAM B. SHUBB Senior United States District Judge

20130315

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