UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
April 17, 2013
UNITED STATES OF AMERICA, PLAINTIFF,
HENRY STANLEY, JR.,
The opinion of the court was delivered by: Judge: Hon. Carolyn K. Delaney
) STIPULATION AND [PROPOSED] ORDER ) TO CONTINUE PRELIMINARY HEARING )) Date: April 24, 2013 ) Time: 2:00 p.m.
The parties stipulate and request that the Court continue the preliminary hearing scheduled for April 24, 2013, at 2:00 p.m., to May 8, 2013, at 2:00 p.m., before the duty magistrate judge.
Counsel for Mr. Stanley requires the time to review discovery with him and to conduct investigation. Counsel also requires the time to discuss a pre-indictment resolution of this case with Mr. Stanley, and to negotiate with the government.
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 May 8, 2013. The parties stipulate that the ends of justice served by granting Mr. Stanley's request for a continuance outweigh the best interest of the public and Mr. Stanley 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: April 17, 2013 JOSEPH SCHLESINGER Acting Federal Defender /s/ M. Petrik MICHAEL PETRIK, Jr. Assistant Federal Defender Dated: April 17, 2013 BENJAMIN B. WAGNER United States Attorney /s/ M. Petrik for M. Rodriguez
MICHELLE RODRIGUEZ Assistant U.S. Attorney ORDER Finding good cause, the Court orders the preliminary hearing continued to May 8, 2013, at 2:00 p.m., before the duty magistrate judge; 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. Stanley's request for a continuance outweigh the best interest of the public and Mr. Stanley in a speedy trial.
IT IS SO ORDERED.
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