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U.S. v. LEITAKER, 2:12-CR-00094-MCE. (2013)

Court: District Court, E.D. California Number: infdco20130206760 Visitors: 1
Filed: Feb. 05, 2013
Latest Update: Feb. 05, 2013
Summary: STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME MORRISON C. ENGLAND, Chief District Judge. IT IS HEREBY STIPULATED AND AGREED between plaintiff, United States of America, and defendant, John D. Leitaker, that the status conference scheduled for January 31, 2013, may be continued to March 7, 2013, at 9:00 a.m. At a hearing on January 24, the Court relieved retained counsel and substituted the Office of the Federal Defender to represent Mr. Leitaker. The Office found no con
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STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME

MORRISON C. ENGLAND, Chief District Judge.

IT IS HEREBY STIPULATED AND AGREED between plaintiff, United States of America, and defendant, John D. Leitaker, that the status conference scheduled for January 31, 2013, may be continued to March 7, 2013, at 9:00 a.m.

At a hearing on January 24, the Court relieved retained counsel and substituted the Office of the Federal Defender to represent Mr. Leitaker. The Office found no conflict and hereby confirms that it will represent Mr. Leitaker, with the case assigned to Tim Zindel. Trial and trial confirmation hearing dates have already been set (March 28 and April 29, 2013) but new counsel seeks time to review discovery and other materials in order to determine whether he will need additional time to prepare. The parties ask the Court to schedule a status conference for March 7, 2013, at 9:00 a.m. Time under the Speedy Trial Act has been ordered excluded through April 29, 2013, and the parties agree that the existing exclusion order remains in effect.

Respectfully submitted, BENJAMIN B. WAGNER United States Attorney Dated: January 29, 2013 /s/ T. Zindel for M. Morris MATTHEW MORRIS Assistant U.S. Attorney JOSEPH SCHLESINGER Acting Federal Defender Dated: January 29, 2013 /s/ T. Zindel TIMOTHY ZINDEL Assistant Federal Defender Attorney for JOHN D. LEITAKER

ORDER

Having read and considered the above stipulation, the Court finds that a continuance is warranted to allow counsel time to review discovery and determine whether he will need additional time to prepare. However, in light of the Trial Confirmation Hearing scheduled to take place on March 29, 2013, the Court finds that a status conference date of February 21, 2013, is more appropriate, given the purposes of a Trial Confirmation Hearing.

Accordingly, the status conference currently set for January 31, 2013, is continued to February 21, 2013, at 9:00 a.m. Time under the Speedy Trial Act remains excluded through April 29, 2013, by previous order.

IT IS SO ORDERED.

Source:  Leagle

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