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United States of America v. Lonnell Mccarter

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


April 26, 2013

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
LONNELL MCCARTER,
DEFENDANT.

JOSEPH SCHLESINGER, Bar #87692 Acting Federal Defender JEFFREY L. STANIELS, Bar #91413 DOUGLAS BEEVERS, USVI Bar #766 Assistant Federal Defenders 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorneys for Defendant LONNELL McCARTER

STIPULATION AND [PROPOSED] ORDER CONTINUING CASE Judge: Hon. William B. Shubb Date: April 29, 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 April 29, 2013, be vacated and the matter continued at the request of the defense until June 3, 2013, for status conference.

The reason for the continuance is to allow the parties to review a recently completed pre-plea presentence report, and to consider possible resolution without trial in light of that report. The date requested also seeks time to permit Mr. Beevers to familiarize himself with the case in order to assume representation of Mr. McCarter in light of the impending retirement of Mr. Staniels.

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 April 29, 2013, and June 3, 2013, pursuant to 18 U.S.C. § 3161(h)(7)(A) & (B)(iv), Local Code T-4 (time to prepare).

IT IS SO STIPULATED.

ORDER

The above stipulation of the parties is accepted. The status conference set for April 29, 2013, is VACATED. This case is ordered to be re-calendared on June 3, 2012, for status conference.

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 June 3, 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 April 29, 2013 through June 3, 2013, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv), Local Code T-4.

IT IS SO ORDERED.

By the Court,

20130426

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