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United States v. Finney

United States District Court, Ninth Circuit

May 15, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
FRED LAMAR FINNEY, JOHN KELLER, CHARLES MENIFEE, JOHN WAYNE PRICE, and PRINCE LEE PRINCE, Defendants.

MELINDA HAAG, United States Attorney, MIRANDA KANE, Chief, Criminal Division, KEVIN J. BARRY, Assistant United States Attorney, San Francisco, California, Email: kevin.barry@usdoj.gov, Attorneys for the United States of America.

ERIK BABCOCK, Attorney for FRED LAMAR FINNEY.

ALAN DRESSLER, Attorney for JOHN KELLER.

ROGER PATTON, Attorney for CHARLES MENIFEE.

FRANK BELL, Attorney for JOHN WAYNE PRICE.

GAIL SCHIFFMAN, Attorney for PRINCE LEE PRINCE.

STIPULATION AND [PROPOSED] ORDER CHANGING HEARING DATE AND EXCLUDING TIME

EDWARD M. CHEN, District Judge.

The Court has set May 15, 2013 as the date for a status conference. The parties hereby request that the Court set the next status conference for June 26, 2013, and they request that the Court exclude the period from the date of this Order through June 26, 2013 from the time limits provided by 18 U.S.C. § 3161. This extension of time is necessary for effective preparation of counsel, to finalize discovery and plea offers.

The parties agree that the ends of justice served by granting such an exclusion of time outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

SO STIPULATED:

ATTESTATION OF FILER

In addition to myself, the signatories to this document are: Erik Babcock, Alan Dressler, Roger Patton, Frank Bell, and Gail Schiffman. I attest that I have their permission to make the request outlined above.

[PROPOSED] ORDER

For the reasons stated above, the Court sets June 26, 2013, as the date for a further status confernece. The Court finds that exclusion of the period from the date of this Order through June 26, 2013 from the time limits applicable under 18 U.S.C. § 3161 is warranted; that the ends of justice served by the continuance outweigh the interests of the public and the defendant in the prompt disposition of this criminal case; and that the failure to grant the requested exclusion of time would deny counsel for the defendant and for the government the reasonable time necessary for effective preparation and continuity of counsel, taking into account the exercise of due diligence, and would result in a miscarriage of justice. 18 U.S.C. §3161(h)(7)(B)(iv).

IT IS SO ORDERED. Defendant Elliot's status remains to be held on 5/15/13 at 2:30 p.m.


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