STIPULATION AND ORDER TO CONTINUE PRELIMINARY EXAMINATION

KENDALL J. NEWMAN, Magistrate Judge.

It is hereby stipulated between the parties, DAVID PETERSEN, Assistant United States Attorney, attorney for plaintiff, and DOUGLA BEEVERS, Assistant Federal Defender, attorney for defendant TRAVIS GREY, that the Preliminary Hearing date of February 11, 2013 be vacated and a new Preliminary Hearing date of February 15, 2013 at 2:00 p.m. be set., pursuant to Federal Rule of Criminal Procedure 5.1 (d).

Good cause exists to extend the time for the preliminary hearing within meaning of Rule 5.1 (d) because defense counsel needs additional time to investigate the facts of the case.

IT IS STIPULATED that the period from the signing of this Order, up to and including February 15, 2013 be excluded in computing the time within which trial must commence under the Speedy Trial Act. The parties stipulate and agree that the ends of justice outweigh the best interests of the public and the defendant in a speedy trial pursuant to 18 U.S.C §3161(h)(7)(A) and (B) (ii) and (iv) and Local Code T4 (ongoing preparation of defense counsel).

ORDER

IT IS HEREBY ORDERED that the Court finds good cause to extend the Preliminary Hearing from February 11, 2013 to February 15, 2013 at 2:00 p.m. pursuant to Federal Rule of Criminal Procedure 5.1 (d). Based upon the representations and stipulations of the parties, the court finds that time be excluded under 18 U.S.C §3161(h)(7)(A) and (B) (ii) and (iv) and Local Code T4 (ongoing preparation of defense counsel)and the ends of justice outweigh the best interest of the public and the defendant in a speedy trial based upon the factors set forth under 18 U.S.C §3161(h)(7)(A) and (B) (ii) and (iv). Accordingly, time under the Speedy Act shall be excluded from the date of the parties stipulation, February 8, 2013, up to and including February 15, 2013.

IT IS SO ORDERED.