STIPULATION TO CONTINUE PRELIMINARY HEARING; ORDER

ERICA P. GROSJEAN, Magistrate Judge.

IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES, Assistant United States Attorney Jeffrey Spivak, counsel for plaintiff, and Assistant Federal Defender Hope Alley, counsel for Oscar Hernandez, that the preliminary hearing currently scheduled for October 9, 2018, be continued to November 9, 2018, at 2:00 p.m.

Mr. Hernandez made an initial appearance on a Criminal Complaint on September 25, 2018. This matter is currently scheduled for a preliminary hearing on October 9, 2018, fourteen days after the initial appearance. Because the defendant is not in custody, Federal Rule of Criminal Procedure 5.1(c) allows for scheduling of a preliminary hearing twenty-one days after the initial appearance. But Rule 5.1(d) also provides that the time limits may be extended "one or more times" with the defendant's consent and a showing of good cause. Here, the parties agree that there is good cause for the extension, as the parties are exploring different options for proceeding in this matter. Accordingly, the parties request that a preliminary hearing be continued to November 9, 2018. The parties agree that time shall be excluded through the date of the November 9, 2018 hearing, pursuant to 18 U.S.C. § 3161(h)(7)(A).

ORDER

GOOD CAUSE APPEARING, the Court hereby continues the preliminary hearing currently set for October 9, 2018 be continued November 9, 2018 at 2:00 pm before Magistrate Judge Stanley A. Boone. Time is excluded under 18 U.S.C. § 3161(h)(7)(A). The Court finds that good cause for the continuance exists and that the ends of justice outweigh the interest of the public and the defendant in a speedy trial.

IT IS SO ORDERED.