Opinion
CASE NO. 11-420 MCE
04-04-2013
UNITED STATES OF AMERICA, Plaintiff, v. WENDY GARDINER JOHNSTON, Defendant.
Shari Rusk Attorney for Defendant Wendy Gardiner Johnston Todd Leras Assistant United States Attorney
SHARI RUSK, Bar. No. 170313
Attorney at Law
P.O. Box 188945
Sacramento, California 95818
Telephone: (916) 804-8656
STIPULATION AND ORDER
CONTINUING STATUS CONFERENCE
Date: May 16, 2013
Judge: Hon. Morrison C.
England
The parties to this action, defendant Wendy Gardiner Johnston and plaintiff United States of America, hereby stipulate through their respective attorneys to continue the status conference previously scheduled for April 4, 2013,at 9:00 a.m. to May 16, 2013 and that date is available with the Court.
The parties are engaged in modifying a written plea agreement and expect to enter a plea at the next court date. The parties are in the final stages of negotiation, as well as defense investigation that the parties believe will result in a final plea agreement being memorialized prior to the next status conference date of May 16, 2013.
For the purpose of computing time under the Speedy Trial Act, 18 United States Code Section 3161(h)(7)(A) within which trial must commence, the time period of April 4, 2013,to May 16, 2013 inclusive, is deemed excludable pursuant to 18 United States Code Section 3161(h)(7)(A) ) and (B)(ii) and (iv), corresponding to Local Code T-4 because it results from a continuance granted by the Court at defendant's request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.
Respectfully submitted,
Shari Rusk
Attorney for Defendant
Wendy Gardiner Johnston
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Todd Leras
Assistant United States Attorney
ORDER
Based on the stipulation of the parties and good cause being shown, the status conference in this matter is continued to May 16, 2013, at 9:00 a.m. Time is excluded under the Speedy Trial Act pursuant to the reason stated in the stipulation of the parties.
IT IS SO ORDERED.
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MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE