STIPULATION TO CONTINUE PRELIMINARY HEARING

(Fifth Request)

NANCY J. KOPPE, Magistrate Judge.

IT IS HEREBY STIPULATED AND AGREED, by and between Daniel G. Bogden, United States Attorney, and Alexandra Michael, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Heidi A. Ojeda, Assistant Federal Public Defender, counsel for Michael Anthony Pebley, that the Preliminary Hearing currently scheduled on January 10, 2017 at the hour of 4:00 p.m., be vacated and continued to a date and time convenient to the Court, but no sooner than sixty (60) days.

This Stipulation is entered into for the following reasons:

1. The parties are attempting to resolve this case prior to indictment.

2. This Court just released Mr. Pebley on less restrictive conditions of release. Mr. Pebley's compliance (or lack thereof) could affect the negotiations in this case, so additional time is necessary to track Mr. Pebley's compliance.

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

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

This is the fourth 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 January 10, 2017 at the hour of 4:00 p.m., be vacated and continued to March 14, 2017, at 4:00 p.m., in Courtroom 3C.