Opinion
BENJAMIN B. WAGNER, United States Attorney, MICHAEL S. FRYE, Assistant United States Attorney, Fresno, CA, Attorneys for Plaintiff United States of America.
MARSHALL HODGKINS, Counsel for Defendant.
STIPULATION AND ORDER CONTINUING HEARING DATE
SHEILA K. OBERTO, Magistrate Judge.
STIPULATION TO CONTINUE HEARING DATE
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, stipulate that a continuance of the status conference from April 20, 2015 at June 1, 2015, at 1:00 p.m.
The attorney for the government was recently advised that investigators in this matter obtained a very large amount of digital data, approximately 14 gigabytes, obtained through search warrants and will be providing this to the defense. The parties are anticipating engaging in settlement negotiations. No trial date has been set. A continuance is necessary to allow the attorney for the defendant to digest the new information and for the parties to engage in settlement discussions.
The parties agree to exclude time to June 1, 2015, and agree that the continuance of the hearing date will serve the ends of justice, and that the need for a continuance outweighs the interest of the public and the defendant in a speedy trial, and that the delay occasioned by such continuance is excluded from the Act's time limits pursuant to 18 U.S.C. § 3161(h)(7)(A).
IT IS SO STIPULATED.
ORDER
Based on the stipulation of counsel and for good cause, it is ORDERED that the hearing on the Defendant's Motion to Suppress in this matter is continued from April 20, 2015, to June 1, 2015, at 1:00 p.m. The court further finds that the ends of justice served by a continuance outweigh the interest of the public and the defendant in a speedy trial, and that the delay occasioned by such continuance of the trial date is excluded from the Act's time limits pursuant to 18 U.S.C. § 3161(h)(7)(A).
IT IS SO ORDERED.