JENNIFER A. DORSEY, District Judge.
IT IS HEREBY STIPULATED AND AGREED, by and between Daniel G. Bogden, United States Attorney; Andrew W. Duncan and Cristina Silva, Assistant United States Attorneys, counsel for the United States of America, and Assistant Federal Public Defender Raquel Lazo, counsel for defendant Carr; Jennifer Waldo, Esq. counsel for defendant Coleman; Michael R. Pandullo, Esq., counsel for defendant Panter; Brent Percival, Esq., counsel for defendant Congero, Thomas Pitaro, Esq., counsel for defendant Kane; and Terrence M. Jackson, Esq., counsel for defendant McNamara
THAT THE EVIDENTIARY HEARING CURRENTLY SCHEDULED FOR January 8, 2016 be vacated and set to a time convenient for the Court, no earlier than 30 days.
1. Counsel for defendant Panter is unavailable for the current evidentiary hearing setting on January 8, 2016.
2. The parties agree to the continuance.
3. All of the defendants are out of custody and do not object to the continuance.
4. Additionally, denial of this request for continuance could result in a miscarriage of justice as counsel for defendant is unavailable to participate in the hearing.
5. This is the fourth request for continue the evidentiary hearing.
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. Counsel for defendant Panter is unavailable for the current evidentiary hearing setting on January 8, 2016.
2. The parties agree to the continuance.
3. All of the defendants are out of custody and do not object to the continuance.
4. Additionally, denial of this request for continuance could result in a miscarriage of justice as counsel for defendant is unavailable to participate in the hearing.
5. This is the
IT IS ORDERED that the evidentiary hearing scheduled for January 8, 2016 be vacated and continued to Thursday, February 18, 2016, at 9:00 a.m. in Courtroom 6D.