Opinion
NO. 1:12-cr-0056 AWI-BAM
01-03-2013
UNITED STATES OF AMERICA, Plaintiff, v. RICKY DAVIS, Defendant.
BENJAMIN B. WAGNER United States Attorney BRIAN ENOS Assistant United States Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Public Defender ANN H. MCGLENON Assistant Federal Defender Attorney for Defendant Ricky Davis
DANIEL J. BRODERICK, #89424
Federal Defender
ANN H. MCGLENON, Bar #100433
Assistant Federal Defenders
Designated Counsel for Service
2300 Tulare Street, Suite 330
Fresno, California 93721-2226
Telephone: (559) 487-5561
Attorney for Defendant
RICKY DAVIS
STIPULATION TO CONTINUE MOTIONS
SCHEDULE AND HEARING; ORDER
Date: February 19, 2013
Judge: Hon. Anthony W. Ishii
IT IS HEREBY STIPULATED by and between the parties hereto, and through their respective attorneys of record herein, that the motions hearing now set for January 28, 2013, may be continued to February 19, 2013, at 10:00 A.M., and that a new motions schedule be set as follows:
+-----------------------------------------------------------------------------+ ¦Event: ¦Present Date: ¦Requested New Date: ¦ +---------------------+---------------------------+---------------------------¦ ¦Declaration of ¦ ¦January 11, 2013 ¦ ¦Counsel ¦ ¦ ¦ +---------------------+---------------------------+---------------------------¦ ¦Replies Due ¦January 18, 2013 ¦January 25, 2013 ¦ +---------------------+---------------------------+---------------------------¦ ¦Hearing ¦January 28, 2013 - 1:30 ¦February 19, 2013 - 10:00 ¦ ¦ ¦P.M. ¦AM ¦ +-----------------------------------------------------------------------------+
The continuance is requested by counsel for the defendant to allow counsel to and amend the substantive motion and prepare a declaration and to adequately evaluate and prepare necessary motions. The requested continuance will conserve time and resources for both counsel and the court. Counsel for defendant is out of town on the currently set hearing date. The hearing needs to be continued to accommodate both counsel's trial schedules. AUSA Brian Enos has no objection to the requested continuance.
The parties agree that the delay resulting from the continuance shall be excluded in the interests of justice, including but not limited to, the need for the period of time set forth herein for further defense preparation pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B), and that the interest of justice outweighs the interests of the public and the defendant in a speedy trial
BENJAMIN B. WAGNER
United States Attorney
By: _________________
BRIAN ENOS
Assistant United States Attorney
Attorney for Plaintiff
DANIEL J. BRODERICK
Federal Public Defender
By: _________________
ANN H. MCGLENON
Assistant Federal Defender
Attorney for Defendant
Ricky Davis
ORDER
IT IS SO ORDERED. For the reasons set forth above, the continuance requested is granted for good cause and the Court finds the interest of justice outweighs the interests of the public and the defendant in a speedy trial. IT IS SO ORDERED.
______________________
UNITED STATES DISTRICT JUDGE