STIPULATION TO CONTINUE PRELIMINARY HEARING

First Request

GEORGE FOLEY, Jr., Magistrate Judge.

IT IS HEREBY STIPULATED AND AGREED, by and between Daniel G. Bogden, United States Attorney, and Elhan Roohani, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Brian Pugh, Assistant Federal Public Defender, counsel for Richard Whittaker, that the Preliminary Hearing currently scheduled on July 12, 2016 at days, to a date and time convenient to the Court.

This Stipulation is entered into for the following reasons

1. The parties have initiated discussions regarding resolving the case pre-indictment.

2. Parties agree to the continuance.

3. Defendant is incarcerated and does not object to a continuance.

4. Additionally, denial of this request for continuance could result in a miscarriage of justice.

5. The additional time requested herein is not sought for purposes of delay, but to allow for a potential pre-indictment resolution of the case.

6. The additional time requested by this stipulation, is allowed, with the defendant's consent under the Federal Rules of Procedure 5.1(d

7. This is the first request for continuance filed herein.

ORDER

Based on the Stipulation of counsel and good cause appearing,

IT IS THEREFORE ORDERED that the Preliminary Hearing currently scheduled on July 12, 2016 at the hour of 4:00 p.m., be vacated and continued to July 26, 2016 the hour of 4:00 p.m.