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U.S. v. Babatov, 2:12-cr-00225-MCE. (2014)

Court: District Court, E.D. California Number: infdco20141230c62 Visitors: 25
Filed: Dec. 24, 2014
Latest Update: Dec. 24, 2014
Summary: STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE MORRISON C. ENGLAND, Jr., Chief District Judge. STIPULATION Plaintiff, United States of America, by and through its counsel, Assistant United States Attorney Michelle Rodriguez, and defendant, Zakir Babatov, by and through his counsel, Erin J. Radekin, agree and stipulate to vacate the date set for status conference, December 18, 2014 at 9:00 a.m., in the above-captioned matter, and to continue the status conference to January 15, 2015 at 9:
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STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE

MORRISON C. ENGLAND, Jr., Chief District Judge.

STIPULATION

Plaintiff, United States of America, by and through its counsel, Assistant United States Attorney Michelle Rodriguez, and defendant, Zakir Babatov, by and through his counsel, Erin J. Radekin, agree and stipulate to vacate the date set for status conference, December 18, 2014 at 9:00 a.m., in the above-captioned matter, and to continue the status conference to January 15, 2015 at 9:00 a.m. in the courtroom of the Honorable Morrison C. England, Jr.

The reason for this request is that Ms. Radekin was just retained in this matter on December 11, 2014 and needs time to review discovery, for investigation and for other defense preparation. The Court is advised that Ms. Rodriguez concurs with this request and has authorized Ms. Radekin to sign this stipulation on her behalf.

The parties further agree and stipulate that the time period from the filing of this stipulation until January 15, 2015 should be excluded in computing time for commencement of trial under the Speedy Trial Act, based upon the interest of justice under 18 U.S.C. § 3161(h)(7)(B)(iv), and Local Code T4, to allow reasonable time necessary for effective defense preparation. It is further agreed and stipulated that the ends of justice served in granting the request outweigh the best interests of the public and the defendant in a speedy trial.

Accordingly, the parties respectfully request the Court adopt this proposed stipulation.

IT IS SO STIPULATED

Dated: December 15, 2014 BENJAMIN WAGNER United States Attorney MICHELLE RODRIGUEZ Assistant United States Attorney

ORDER

For the reasons set forth in the accompanying stipulation and declaration of counsel, the status conference date of December 18, 2014 at 9:00 a.m. is VACATED and the above-captioned matter is set for status conference on January 15, 2015 at 9:00 a.m. The Court finds excludable time in this matter through January 15, 2015 under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4, to allow reasonable time necessary for effective defense preparation. For the reasons stipulated by the parties, the Court finds that the interest of justice served by granting the request outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. §§ 3161(h)(7)(A), (h)(7)(B)(iv).

IT IS SO ORDERED.

Source:  Leagle

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