The opinion of the court was delivered by: Lawrence J. O'Neill, Judge United States District Court
JOSEPH SCHLESINGER, Bar #89424 Acting Federal Defender ERIC V. KERSTEN, Bar #226429 Assistant Federal Defender Designated Counsel for Service 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorneys for Defendant Aaron Lewis Gaudinier
STIPULATION TO CONTINUE STATUS CONFERENCE AND ORDER THEREON
Date: July 15, 2013 Time: 1:00 p.m. Judge: Hon. Sheila K. Oberto
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, DAVID L GAPPA, Assistant United States Attorney, counsel for plaintiff, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for defendant Aaron Lewis Gaudinier, that the date for status conference in this matter may be continued to July 15, 2013, or the soonest date thereafter that is convenient to the court. The date currently set for status conference is April 29, 2013, before the Honorable Lawrence J. O'Neill. The requested new date is July 15, 2013, before the Honorable Sheila K. Oberto.
This matter was scheduled before the district court because disputes existed regarding the conditions of the defense review of the forensic evidence in this case that parties wanted resolved by the district court. However, the parties have resolved the issues and additional time is needed to allow time for completion of the defense expert's review of the forensic evidence, and for counsel to discuss the results of the review with Mr. Gaudinier, who is housed at the Lerdo/Kern County detention facility.
The parties agree that the delay resulting from the continuance shall be excluded as necessary for effective defense preparation pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv). For this reason, the ends of justice served by the granting of the requested continuance outweigh the interests of the public and the defendant in a speedy trial.
ORDER IT IS SO ORDERED. The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv).
Gaudinier: Stipulation to Continue Status Conference
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