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U.S. v. Braun, CR. S-13-258 TLN. (2015)

Court: District Court, E.D. California Number: infdco20150416972 Visitors: 6
Filed: Apr. 14, 2015
Latest Update: Apr. 14, 2015
Summary: STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE TROY L. NUNLEY , District Judge . Defendants Rodney Lynn Braun and Robert Larry Moore, by and through their undersigned counsel and the United States Government, by and through Assistant United States Attorney Olusere Olowoyeye, hereby agree and stipulate that the status conference previously scheduled for April 16, 2015 be continued to May 7, 2015 and that date is available with the Court. Defendants are charged in a two count indictment
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STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE

Defendants Rodney Lynn Braun and Robert Larry Moore, by and through their undersigned counsel and the United States Government, by and through Assistant United States Attorney Olusere Olowoyeye, hereby agree and stipulate that the status conference previously scheduled for April 16, 2015 be continued to May 7, 2015 and that date is available with the Court. Defendants are charged in a two count indictment alleging violations of 21 U.S.C. §§s 841(a)(1) and § 846 — possession with intent to distribute and conspiracy to distribute dilaudid and morphine; and a criminal forfeiture count.

Defendant Rodney Braun continues to suffer serious health problems. Defendant Moore was recently ordered released on bond. A trial date is set for November 16, 2015 and a trial confirmation hearing is scheduled for October 15, 2015. The parties have been in discussion regarding possible motions, as well as negotiations with the government. Counsel for defendants are engaged in defense investigation and require additional time before the next status conference to verify and corroborate information, which could potentially result in settlement.

The parties therefore request that the matter be continued to May 7, 2015. Counsel for defendants believe that failure to grant the above-requested continuance would deny them the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The government does not object to the continuance.

Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendants in a trial within the original date prescribed by the Speedy Trial Act. The parties agree that time should be excluded under 18 U.S.C. § 3161(h)(8)(i) for defense preparation and under local code T4.

/s/Olusere Olowoyeye Olusere Olowoyeye Assistant United States Attorney

ORDER

IT IS SO ORDERED. The Court finds excludable time through May 7, 2015, based on Local Code T4, giving counsel reasonable time to prepare.

Source:  Leagle

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