STIPULATION AND ORDER EXTENDING TIME FOR PRELIMINARY HEARING AND EXCLUDING TIME

KENDALL J. NEWMAN, District Judge.

It is hereby stipulated and agreed between plaintiff, United States of America, and defendant, Kao Xiong, that the preliminary hearing scheduled for April 18, 2018, may be continued to May 16, 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. The outcome of that proposal depends on the results of defense investigation and a mental status exam that are still underway. Accordingly, the parties continue to agree that the ongoing investigation and exam constitute 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 that the Court enter an order excluding time under the Speedy Trial Act, pursuant to 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, finding good cause based on the reasons set forth above, continues the preliminary hearing to May 16, 2018, at 2:00 p.m. Also for the reasons stated by the parties, the Court orders time under the Speedy Trial Act excluded through May 16, 2018, at 2:00 PM before Magistrate Judge Allison Claire pursuant to 18 U.S.C. § 3161(h)(7)(A).

IT IS SO ORDERED.