Opinion
No. 1:12-cr-00132 LJO-SKO-1
04-05-2013
UNITED STATES OF AMERICA, Plaintiff, v. PANG MUA, Defendant.
BENJAMIN B. WAGNER United States Attorney KIMBERLEY A. SANCHEZ Assistant United States Attorney Attorney for Plaintiff JOSEPH SCHLESINGER Acting Federal Defender ERIC V. KERSTEN Assistant Federal Defender Attorney for Defendant Pang Mua
JOSEPH SCHLESINGER, Bar #87692
Acting Federal Defender
ERIC V. KERSTEN, Bar #226429
Assistant Federal Defender
2300 Tulare Street, Suite 330
Fresno, California 93721-2226
Telephone: (559) 487-5561
Attorney for Defendant
Pang Mua
STIPULATION TO CONTINUE DATE FOR
HEARING ON MOTION; ORDER THEREON
Date: May 13, 2013
Judge: Hon. Lawrence J. O'Neill
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, KIMBERLEY A SANCHEZ, Assistant United States Attorney, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for Defendant Pang Mua, that the time for hearing on defendant's pending motion to suppress, currently scheduled for April 15, 2013, at 9:30 a.m., may be continued to May 13, 2013, at 9:30 a.m.. It is further stipulated that filing date for the government's opposition to defendant's motions may be continued to May 6, 2013.
The defense has filed a motion to suppress evidence resulting from the stop of Mr. Mua's vehicle on January 5, 2012. The resolution of this matter will likely require an evidentiary hearing to resolve factual disputes. The parties are engaged in negotiations and related activities which could resolve the case and eliminate the need to litigate the motion.
Based on the foregoing, the parties agree that time shall be excluded as necessary for effective defense preparation and for ruling on the motions pursuant to 18 U.S.C.§§3161(h)(1)(D), 3161(h)(7)(A) and 3161(B)(iv). For these reasons, the ends of justice served by the granting of the requested modification of the briefing schedule outweigh the interests of the public and the defendant in a speedy trial.
BENJAMIN B. WAGNER
United States Attorney
By _______________
KIMBERLEY A. SANCHEZ
Assistant United States Attorney
Attorney for Plaintiff
JOSEPH SCHLESINGER
Acting Federal Defender
By _______________
ERIC V. KERSTEN
Assistant Federal Defender
Attorney for Defendant
Pang Mua
ORDER
The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. §§3161(h)(1)(D), 3161(h)(7)(A) and 3161(B)(iv). IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE