Opinion
No.2:10-CR-0338 JAM
02-11-2013
UNITED STATES OF AMERICA, Plaintiff, v. TRAVIS GREY, Defendant.
DANIEL BRODERICK Federal Defender DOUGLAS BEEVERS Assistant Federal Defender Attorney for Defendant TRAVIS GREY BENJAMIN B. WAGNER United States Attorney LEE BICKLEY Assistant United States Attorney Attorney for Plaintiff
JOSEPH SCHLESINGER, #87692
Federal Defender
DOUGLAS J. BEEVERS, #288639
Assistant Federal Defender
Designated Counsel for Service
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: (916) 498-5700
Attorney for Defendant
TRAVIS GREY
STIPULATION AND ORDER
TO CONTINUE PRELIMINARY EXAMINATION
Date: February 15, 2013
Judge: Hon. Kendall J. Newman
It is hereby stipulated between the parties, DAVID PETERSEN, Assistant United States Attorney, attorney for plaintiff, and DOUGLAS BEEVERS, Assistant Federal Defender, attorney for defendant TRAVIS GREY, that the Preliminary Hearing date of February 11, 2013 be vacated and a new Preliminary Hearing date of February 15, 2013 at 2:00 p.m. be set., pursuant to Federal Rule of Criminal Procedure 5.1 (d).
Good cause exists to extend the time for the preliminary hearing within meaning of Rule 5.1 (d) because defense counsel needs additional time to investigate the facts of the case.
IT IS STIPULATED that the period from the signing of this Order, up to and including February 15, 2013 be excluded in computing the time within which trial must commence under the Speedy Trial Act. The parties stipulate and agree that the ends of justice outweigh the best interests of the public and the defendant in a speedy trial pursuant to 18 U.S.C §3161(h)(7)(A) and (B) (ii) and (iv) and Local Code T4 (ongoing preparation of defense counsel).
Respectfully submitted,
DANIEL BRODERICK
Federal Defender
____________________________
DOUGLAS BEEVERS
Assistant Federal Defender
Attorney for Defendant
TRAVIS GREY
BENJAMIN B. WAGNER
United States Attorney
____________________________
LEE BICKLEY
Assistant United States Attorney
Attorney for Plaintiff
ORDER
IT IS HEREBY ORDERED that the Court finds good cause to extend the Preliminary Hearing from February 11, 2013 to February 15, 2013 at 2:00 p.m. pursuant to Federal Rule of Criminal Procedure 5.1 (d). Based upon the representations and stipulations of the parties, the court finds that time be excluded under 18 U.S.C §3161(h)(7)(A) and (B) (ii) and (iv) and Local Code T4 (ongoing preparation of defense counsel)and the ends of justice outweigh the best interest of the public and the defendant in a speedy trial based upon the factors set forth under 18 U.S.C §3161(h)(7)(A) and (B) (ii) and (iv). Accordingly, time under the Speedy Trial Act shall be excluded from the date of the parties stipulation, February 8, 2013, up to and including February 15, 2013.
IT IS SO ORDERED.
____________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE