Opinion
2:23-MJ-0044-DB
04-06-2023
PHILLIP A. TALBERT United States Attorney DAVID W. SPENCER Assistant United States Attorney Attorneys for Plaintiff United States of America
Date: April 21, 2023
PHILLIP A. TALBERT
United States Attorney
DAVID W. SPENCER
Assistant United States Attorney
Attorneys for Plaintiff
United States of America
FINDINGS AND ORDER EXTENDING TIME FOR PRELIMINARY HEARING PURSUANT TO RULE 5.1(d) AND EXCLUDING TIME
CAROLYN K. DELANEY, UNITED STATES MAGISTRATE JUDGE
The Court has read and considered the Stipulation for Extension of Time for Preliminary Hearing Pursuant to Rule 5.1(d) and Exclusion of Time, filed by the parties in this matter on April 6, 2023. The Court hereby finds that the Stipulation, which this Court incorporates by reference into this Order, demonstrates good cause for an extension of time for the preliminary hearing date pursuant to Rule 5.1(d) of the Federal Rules of Criminal Procedure.
Furthermore, for the reasons set forth in the parties' stipulation, the Court finds that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). The Court further finds that the extension of time would not adversely affect the public interest in the prompt disposition of criminal cases.
THEREFORE, FOR GOOD CAUSE SHOWN:
1. The date of the preliminary hearing is extended to April 28, 2023, at 2:00 p.m. before Magistrate Judge Allison Claire.
2. The time between April 21, 2023, and April 28, 2023, shall be excluded from calculation pursuant to 18 U.S.C. § 3161(h)(7)(A).
IT IS SO ORDERED.