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United States of America v. Randy Lee Wilkins

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


March 18, 2013

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
RANDY LEE WILKINS, DEFENDANT.

The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge

STIPULATION & ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT NUNC PRO TUNC Old Date: March 11, 2013 Old Time: 1:00 p.m. New Date: March 25, 2013 New Time: 1:00 p.m. Court: Three (Hon. Barbara A. McAuliffe)

Defendant RANDY LEE WILKINS, by and through his counsel of record Salvatore Sciandra, and plaintiff the United States of America, by and through its counsel of record, hereby jointly stipulate and respectfully request that the Court order that time be excluded for the period from the hearing on March 11, 2013 through the hearing on March 25, 2013.

The grounds for this stipulation are that a continuance of time through March 25, 2013 is required to provide additional time for effective defense preparations, plea negotiations, and consideration of a potential plea by the defendant, taking into account the exercise of due diligence, and to ensure continuity of defense counsel. In the absence of such a continuance of the hearing and exclusion of time, the case would be reset before the Court immediately and such proceeding would not allow sufficient time for effective defense preparations and plea negotiations.

The parties agree and stipulate that time should be excluded in the interests of justice from the status conference on March 11, 2013 through and including the continued hearing on March 25, 2013, under

18 U.S.C. § 3161(h)(7)(A) and (7)(B)(i) & (iv), in that the ends of justice served by the continuance outweigh the interests of the public and the defendant in a speedy trial.

IT IS SO STIPULATED.

DATED: March 15, 2013 By: /s/ Salvatore Sciandra SALVATORE SCIANDRA Attorney for defendant RANDY LEE WILKINS Dated: March 15, 2013 Respectfully Submitted, BENJAMIN B. WAGNER United States Attorney By: /s/ Kirk E. Sherriff KIRK E. SHERRIFF Assistant U.S. Attorney

ORDER

The Court has reviewed and considered the stipulation of the parties to exclude time through the continued hearing date in this case. On the Court's on motion on March 11, 2013, due to the unavailability of defense counsel, and a finding the time should be excluded, it is ordered that the hearing in this case is continued to March 25, 2013, at 1:00 p.m in Courtroom Three. It is further ordered that time shall be excluded in the interests of justice, based on the grounds set forth in the parties' stipulation, nunc pro tunc from March 11, 2013 through and including the hearing date of March 25, 2013, under 18 U.S.C. § 3161(h)(7)(A) and (7)(B)(iv), in that the ends of justice served by the continuance outweigh the interests of the public and the defendant in a speedy trial.

IT IS SO ORDERED.

20130318

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