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U.S. v. Hooper, 2:16-cr-096 JAM. (2018)

Court: District Court, E.D. California Number: infdco20180917931 Visitors: 5
Filed: Sep. 14, 2018
Latest Update: Sep. 14, 2018
Summary: STIPULATION AND ORDER TO VACATE STATUS CONFERENCE; SET CHANGE OF PLEA AND TO EXCLUDE TIME JOHN A. MENDEZ , District Judge . IT IS HEREBY STIPULATED by and between McGregor W. Scott, United States Attorney, through Katherine Lydon, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Lexi Negin, attorney for Tyler Hooper, that the status conference scheduled for September 18, 2018 be vacated and set a Change of P
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STIPULATION AND ORDER TO VACATE STATUS CONFERENCE; SET CHANGE OF PLEA AND TO EXCLUDE TIME

IT IS HEREBY STIPULATED by and between McGregor W. Scott, United States Attorney, through Katherine Lydon, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Lexi Negin, attorney for Tyler Hooper, that the status conference scheduled for September 18, 2018 be vacated and set a Change of Plea hearing to October 16, 2018 at 9:15 a.m.

Counsel for the defendant requires additional time to review the case file, including the discovery produced to date, to engage in legal research, and to consult with the client regarding a possible resolution of this matter.

Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded as of today's date through and including October 16, 2018 pursuant to 18 U.S.C. §3161(h)(7)(A) and (B)(iv) [reasonable time to prepare] and General Order 479, Local Code T4 based upon continuity of counsel and defense preparation.

ORDER

IT IS HEREBY ORDERED, the Court, having received, read, and considered the parties' stipulation, and good cause appearing therefrom, adopts the parties' stipulation in its entirety as its order. The Court specifically finds the failure to grant a continuance in this case would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds the ends of justice are served by granting the requested continuance and outweigh the best interests of the public and defendants in a speedy trial.

The Court orders the time from today's date, up to and including October 16, 2018, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) [reasonable time for counsel to prepare] and General Order 479 (Local Code T4). It is further ordered that the September 18, 2018 status conference shall be vacated and a Change of Plea hearing set for October 16, 2018, at 9:15 a.m.

Source:  Leagle

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