Opinion
Case No.: 2:12-MJ-00207-EFB
01-11-2013
UNITED STATES OF AMERICA, Plaintiff, v. Bobby Juarez Defendant
THOMAS A. JOHNSON, #119203 Attorney for Defendant Bobby Juarez BENJAMIN WAGNER United States Attorney JASON HITT Assistant U.S. Attorney
THOMAS A. JOHNSON, #119203
Attorney for Defendant Bobby Juarez
STIPULATION AND ORDER TO
CONTINUE PRELIMINARY HEARING
AND ORDER EXCLUDING TIME
Date: February 8, 2013
Judge: Hon. Gregory G. Hollows
IT IS HEREBY STIPULATED BY AND AMONG ALL PARTIES that the preliminary hearing currently set for January 11, 2013 at 2:00 p.m. is continued to February 8, 2013, at 2:00 p.m. pursuant to Federal Rule of Criminal Procedure 5.1(d).
It is further stipulated that good cause exists to extend the time for the preliminary hearing within the meaning of Rule 5.1(d). The parties further stipulate that the ends of justice are served by the Court excluding time from January 11, 2013 to February 8, 2013 so that counsel for the defendant may have reasonable time necessary for preparation, taking into account the exercise of due diligence. 18 U.S.C. Section 3161(h)(7)(B)(iv). The defendant, defense counsel and the government stipulate and agree that the ends of justice outweigh the best interest of the public and the defendant in a speedy trial. 18 U.S.C. Section 3161(h)(7)(A); Local Code T-4, preparation of counsel.
IT IS SO STIPULATED.
By: ______________
THOMAS A. JOHNSON
Attorney for Defendant
Bobby Juarez
BENJAMIN WAGNER
United States Attorney
By: ______________
JASON HITT
Assistant U.S. Attorney
ORDER
IT IS HEREBY ORDERED: That the Preliminary Hearing scheduled for January 11, 2013 is continued to February 8, 2013. It is further ORDERED that the time under the Speedy Trial Act between today's date and February 8, 2013, is excluded under Local Code T-4, and 18 U.S.C. § 3161(h)(7)(B)(iv) to ensure adequate time for preparation of counsel. For the reasons set forth above, the court finds that the ends of justice served by a continuance outweigh the best interests of the public and the defendants in a speedy trial and therefore excludes time through February 8, 2013
______________________
ALLISON CLAIRE
U.S. Magistrate Judge