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U.S. v. Ma, 2:14-CR-00330 GEB. (2015)

Court: District Court, E.D. California Number: infdco20150217a80 Visitors: 23
Filed: Feb. 13, 2015
Latest Update: Feb. 13, 2015
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE GARLAND E. BURRELL, Jr., Seniro District Judge. STIPULATION Plaintiff, United States of America, by and through its counsel, Assistant United States Attorney Christiaan Highsmith, defendant, Ashley Chang, by and through her counsel, Timothy Zindel, and defendant, Guo Neng Ma, by and through his counsel, John R. Duree, Jr., agree and stipulate to vacate the date currently set for status conference, February 20, 2015 at 9:00 a.m., i
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE

GARLAND E. BURRELL, Jr., Seniro District Judge.

STIPULATION

Plaintiff, United States of America, by and through its counsel, Assistant United States Attorney Christiaan Highsmith, defendant, Ashley Chang, by and through her counsel, Timothy Zindel, and defendant, Guo Neng Ma, by and through his counsel, John R. Duree, Jr., agree and stipulate to vacate the date currently set for status conference, February 20, 2015 at 9:00 a.m., in the above-captioned matter, and to continue the status conference to April 17, 2015 at 9:00 a.m. in the courtroom of the Honorable Garland E. Burrell, Jr.

The reason for this request is that additional time is needed by defense counsel to confer with their clients, for plea negotiations, and for other defense preparation. Conference with Mr. Ma is complicated by the fact that he does not speak English and an interpreter is required for all communications. The Court is advised that Mr. Highsmith and Mr. Zindel concur with this request and have authorized Mr. Duree to sign this stipulation on their behalf.

The parties further agree and stipulate that the time period from the filing of this stipulation until April 17, 2015 should be excluded in computing time for commencement of trial under the Speedy Trial Act, based upon the interest of justice under 18 U.S.C. § 3161(h)(7)(B)(iv), and Local Code T4, to allow reasonable time necessary for effective defense preparation. It is further agreed and stipulated that the ends of justice served in granting the request outweigh the best interests of the public and the defendant in a speedy trial.

Accordingly, the parties respectfully request the Court adopt this proposed stipulation.

IT IS SO STIPULATED

Dated: February 12, 2015 BENJAMIN WAGNER United States Attorney By: /s/ Christiaan Highsmith Christiaan Highsmith Assistant United States Attorney

ORDER

For the reasons set forth in the accompanying stipulation and declaration of counsel, the status conference date of February 20, 2015 at 9:00 a.m. is VACATED and the above-captioned matter is set for status conference on April 17, 2015 at 9:00 a.m. The Court finds excludable time in this matter through April 17, 2015 under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4, to allow reasonable time necessary for effective defense preparation. For the reasons stipulated by the parties, the Court finds that the interest of justice served by granting the request outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. §§ 3161(h)(7)(A), (h)(7)(B)(iv).

IT IS SO ORDERED.

Source:  Leagle

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