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United States of America v. James Capalbo

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


April 30, 2013

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
JAMES CAPALBO,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Garland E. Burrell Jr.

) STIPULATION AND [PROPOSED] ORDER; ) CONTINUING STATUS CONFERENCE ) AND EXCLUDING TIME )) Date: June 28, 2013 ) Time: 9:00 a.m.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, KYLE REARDON, Assistant United States Attorney, attorney for Plaintiff, and MATTHEW SCOBLE, attorney for JAMES CAPALBO, that the status conference hearing date of May 3, 2013 be vacated, and the matter be set for status conference on June 28, 2013 at 9:00 a.m.

The reason for this continuance is to allow defense counsel additional time to review discovery with the defendant, to examine possible defenses and to continue investigating the facts of the case.

Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including June 28, 2013 pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.

DATED: April 30, 2013. Respectfully submitted, JOSEPH SCHLESINGER Acting Federal Public Defender /s/ Matthew Scoble MATTHEW SCOBLE Designated Counsel for Service Attorney for JAMES CAPALBO DATED: April 30, 2013. BENJAMIN WAGNER United States Attorney /s/ Matthew Scoble for KYLE REARDON Assistant U.S. Attorney Attorney for Plaintiff

ORDER UPON GOOD CAUSE SHOWN

and the stipulation of all parties, it is ordered that the May 3, 2013, status conference hearing be continued to June 28, 2013, at 9:00 a.m. Based on the representation of defense counsel and good cause appearing there from, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time up to and including the June 28, 2013 status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.

GARLAND E. BURRELL, JR. Senior United States District Judge

20130430

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