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United States of America v. Christopher Joseph Kirk

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


May 8, 2013

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
CHRISTOPHER JOSEPH KIRK,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Barbara A. McAuliffe

STIPULATION TO CONTINUE SECOND ) STATUS CONFERENCE ; ) ORDER )) Date: June 10, 2013 ) Time: 1:00 p.m.

IT IS HEREBY STIPULATED by and between the parties through their respective counsel, Assistant United States Attorney David L. Gappa, Counsel for Plaintiff, and Assistant Federal Defenders Peggy Sasso and Charles J. Lee, Counsel for Defendant Christopher Joseph Kirk, that the hearing currently set for May 13, 2013 at 1:00 p.m. before Judge McAuliffe, may be rescheduled to June 10, 2013 at 1:00 p.m.

The government communicated a plea offer on May 7, 2013. Additional time is needed for defense counsel to review the offer with Mr. Kirk, consider the forensic evidence, and engage in further discussions with the government in an attempt to resolve the case without a trial. The requested continuance will conserve time and resources for both counsel and the court.

The parties agree that the delay resulting from the continuance shall be excluded in the interests of justice herein and for effective defense preparation pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(ii) and (iv) because the ends of justice served in granting such continuance outweigh the best interests of the public and the defendant in a speedy trial.

BENJAMIN B. WAGNER United States Attorney Dated: May 8, 2013 /s/ David L. Gappa DAVID L. GAPPA Assistant United States Attorney Attorney for Plaintiff HEATHER E. WILLIAMS Federal Defender Dated: May 8, 2013 /s/ Peggy Sasso PEGGY SASSO CHARLES J. LEE Assistant Federal Defenders Attorneys for Defendant CHRISTOPHER JOSEPH KIRK

ORDER

This case is continued until June 10, 2013, at 1:00 p.m. and the delay resulting from the continuance shall be excluded in the interests of justice and for effective defense preparation pursuant to

18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(ii) and (iv) because the ends of justice served in granting such continuance outweigh the best interests of the public and the defendant in a speedy trial. If the parties are able to reach a plea agreement before June 10, 2013, they should schedule the matter for a change of plea in district court.

IT IS SO ORDERED.

Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE

20130508

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