STIPULATION AND ORDER (PROPOSED) EXTENDING TIME FOR PRELIMINARY HEARING AND EXCLUDING TIME

ALLISON CLAIRE, Magistrate Judge.

It is hereby stipulated and agreed between plaintiff, United States of America, and defendant, Kao Xiong, that the preliminary hearing scheduled for October 3, 2018, may be continued to December 5, 2018, at 2:00 p.m.

Mr. Xiong first appeared on the complaint on December 22, 2017. At the time, with Mr. Xiong's consent, the parties opted to consider resolving the case without an indictment and agreed to continue the preliminary examination for that reason. On May 16, 2018, the Court ordered Mr. Xiong released to live with his family in Minnesota. His family continues to monitor his progress while the defense continues to evaluate Mr. Xiong's mental health. The defense requests additional time to conduct additional investigation and meet with Mr. Xiong. The parties continue to agree that the ongoing investigation constitutes good cause to extend the time limits set forth in Federal Rule of Criminal Procedure 5.1, taking into consideration the public interest in the prompt disposition of criminal cases, which the parties believe will be promoted by extending the time. The parties further ask the Court to enter an order excluding time under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(B)(iv) (Local Code T4), to afford both parties reasonable time to investigate and prepare.

ORDER

The Court finds good cause in the reasons set forth above to continue the preliminary hearing to December 5, 2018, at 2:00 p.m. Also for the reasons stated by the parties, the Court orders time under the Speedy Trial Act excluded from October 3, 2018, through December 5, 2018, pursuant to 18 U.S.C. § 3161(h)(7)(A).

IT IS SO ORDERED.