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U.S. v. Braun, CR. S-13-258 TLN. (2014)

Court: District Court, E.D. California Number: infdco20140805613 Visitors: 23
Filed: Aug. 04, 2014
Latest Update: Aug. 04, 2014
Summary: STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE TROY L. NUNLEY, District Judge. Defendants Rodney Lynn Braun and Robert Larry Moore, by and through their undersigned counsel and the United States Government, by and through Assistant United States Attorney Olusere Olowoyeye, hereby agree and stipulate that the status conference previously scheduled for August 7, 2014 be continued to September 11, 2014, and that date is available with the Court. Defendants are charged in a two count indictme
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STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE

TROY L. NUNLEY, District Judge.

Defendants Rodney Lynn Braun and Robert Larry Moore, by and through their undersigned counsel and the United States Government, by and through Assistant United States Attorney Olusere Olowoyeye, hereby agree and stipulate that the status conference previously scheduled for August 7, 2014 be continued to September 11, 2014, and that date is available with the Court. Defendants are charged in a two count indictment alleging violations of 21 U.S.C. §§s 841(a)(1) and § 846 — possession with intent to distribute and conspiracy to distribute dilaudid and morphine; and a criminal forfeiture count. Defendant Rodney Braun has been hospitalized on and off for the past month. Both defendants suffer ill health. The parties recently got a short pre-plea report with guideline calculations. Counsel for defendants need time to review this report with their respective clients, continue their defense investigation, legal research and negotiations with the government.

The parties therefore request that the matter be continued to September 11, 2014. Counsel for defendants believe that failure to grant the above-requested continuance would deny them the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The government does not object to the continuance.

Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendants in a trial within the original date prescribed by the Speedy Trial Act. The parties agree that time should be excluded under 18 U.S.C. § 3161(h)(8)(i) for defense preparation and under local code T4.

Dated: July 31, 2014 Respectfully submitted, /s/ Olusere Olowoyeye Assistant United States Attorney

ORDER

IT IS SO ORDERED. The Court finds excludable time through September 11, 2014, based on Local Code T4, giving counsel reasonable time to prepare.

Source:  Leagle

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