IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 5, 2013
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Judge: Hon. Lawrence J. O'Neill
STIPULATION TO CONTINUE DATE FOR HEARING ON MOTION; ORDER THEREON Date: May 13, 2013 ) Time: 9:30 a.m.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, KIMBERLEY A SANCHEZ, Assistant United States Attorney, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for Defendant Pang Mua, that the time for hearing on defendant's pending motion to suppress, currently scheduled for April 15, 2013, at 9:30 a.m., may be continued to May 13, 2013, at 9:30 a.m..It is further stipulated that filing date for the government's opposition to defendant's motions may be continued to May 6, 2013.
The defense has filed a motion to suppress evidence resulting from the stop of Mr. Mua's vehicle on January 5, 2012. The resolution of this matter will likely require an evidentiary hearing to resolve factual disputes. The parties are engaged in negotiations and related activities which could resolve the case and eliminate the need to litigate the motion.
Based on the foregoing, the parties agree that time shall be excluded as necessary for effective defense preparation and for ruling on the motions pursuant to 18 U.S.C.§§3161(h)(1)(D), 3161(h)(7)(A) and 3161(B)(iv). For these reasons, the ends of justice served by the granting of the requested modification of the briefing schedule outweigh the interests of the public and the defendant in a speedy trial.
BENJAMIN B. WAGNER United States Attorney DATED: April 5, 2013 By /s/ Kimberley A. Sanchez KIMBERLEY A. SANCHEZ Assistant United States Attorney Attorney for Plaintiff JOSEPH SCHLESINGER Acting Federal Defender DATED: April 5, 2013 By /s/ Eric V. Kersten ERIC V. KERSTEN Assistant Federal Defender Attorney for Defendant Pang Mua
The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. §§3161(h)(1)(D), 3161(h)(7)(A) and 3161(B)(iv).
IT IS SO ORDERED.
Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE
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