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United States v. Swygert

United States District Court, Ninth Circuit

July 10, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
KEITH WAYNE SWYGERT, Defendant.

HEATHER E. WILLIAMS, #122664 Federal Defender, MICHAEL PETRIK, Jr., #177913 Assistant Federal Defender, Sacramento, California, Attorneys for Defendant.

STIPULATION AND ORDER TO SCHEDULE MOTION HEARING ON SEPTEMBER 26, 2013, AT 9:30 A.M.; BRIEFING SCHEDULE

TROY L. NUNLEY, District Judge.

THE PARTIES STIPULATE, through counsel, Michael McCoy, Assistant United States Attorney, and Michael Petrik, Jr., attorney for Mr. Swygert, that the Court should vacate the status conference on July 11, 2013, at 9:30 a.m., and schedule a non-evidentiary motion hearing on September 26, 2013, at 9:30 a.m. If the motions require an evidentiary hearing, the parties will schedule it at that time.

Counsel agree that: Mr. Swygert will file his motion to suppress on or before August 15, 2013; the government will oppose on or before September 12, 2013; and, Mr. Swygert may file an optional reply on or before September 19, 2013.

The parties stipulate that the Court should exclude the period from the date of this order through September 26, 2013, when it computes the time within which the trial of the above criminal prosecution must commence for purposes of the Speedy Trial Act. The parties stipulate that the ends of justice served by granting Mr. Swygert's request for time to prepare and to file motions outweighs the best interest of the public and Mr. Swygert in a speedy trial, and that this is an appropriate exclusion of time for defense preparation within the meaning of 18 U.S.C. §§ 3161(h)(7) (Local Code T4), and 3161(h)(1)(D) (Local Code E).

ORDER

IT IS SO ORDERED. A motion hearing is scheduled on September 26, 2013, at 9:30 a.m. The Court finds that a continuance is necessary for the reasons stated above, and further finds that the ends of justice served by granting defendant time to file motions outweighs the best interests of the public and the defendant in a speedy trial. Time is therefore excluded from the date of this order through September 26, 2013, pursuant to 18 U.S.C. §§ 3161(h)(7) (Local Code T4), and 3161(h)(1)(D) (Local Code E).


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