Opinion
BENJAMIN B. WAGNER, United States Attorney, ELLIOT C. WONG, Special Assistant U.S. Attorney, Sacramento, CA.
LINDA HARTER Counsel for Defendant.
STIPULATION AND [Proposed] ORDER TO CONTINUE EVIDENTIARY HEARING
EDMUND F. BRENNAN, Magistrate Judge.
The United States and defendant Daniel Lester Hankins, by and through their undersigned attorneys, hereby stipulate and request that the evidentiary hearing currently set for October 16, 2015 at 2:00 p.m. be continued to January 11, 2016 at 10:00 a.m.
Additionally, the parties request that time from October 16, 2015 to January 11, 2016 be excluded from the calculation of time under the Speedy Trial Act. For the purpose of computing time under the Speedy Trial Act, within which trial must commence, the time period of October 16, 2015 to January 11, 2016, inclusive, is deemed excludable pursuant to 18 U.S.C. § 3161(h)(1)(D) and Local Code E for a pending pre-trial motion. The ends of justice served by a continuance as requested outweigh the best interest of the public and the defendant in a speedy trial. Nothing in this stipulation shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the time period within which trial must commence.
ORDER
It is hereby ordered that the evidentiary hearing presently set for October 16, 2015 at 2:00 p.m. be continued to January 11, 2016 at 10:00 a.m. The time from October 16, 2015 to January 11, 2016 shall be excluded from the calculation of time under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(1)(D) and Local Code E. The Court finds that the ends of justice served by a continuance as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.