Opinion
CASE NO. 2:12-MJ-348 CKD
01-25-2013
UNITED STATES OF AMERICA, Plaintiff, v. MATTHEW ROBERTS, Defendant.
Respectfully Submitted, BENJAMIN B. WAGNER United States Attorney MATTHEW D. SEGAL Assistant U.S. Attorney JEFFREY STANIELS Counsel for Defendant
BENJAMIN B. WAGNER
United States Attorney
MATTHEW D. SEGAL
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, California 95814
Telephone: (916) 554-2708
STIPULATION AND ORDER TO
EXTEND TIME FOR PRELIMINARY
EXAMINATION AND EXCLUDE TIME
The parties agree that time beginning January 25, 2013 and extending through February 15, 2013 should be excluded from the calculation of time under the Speedy Trial Act. Further, the Defendant consents to an extension of the time for preliminary examination until February 15, 2013. Fed. R. Crim. P. 5.1(d). The parties submit that the ends of justice are served by the Court excluding such time so that they may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). In particular, the time is required so that the government and Defendant may exchange information, including pre-indictment discovery, and analyze its importance to the case. The parties are discussing a pre-indictment resolution to the case. The parties submit that this interest of justice outweighs the interest of the public and the Defendant in a speedy filing of an indictment or information, in accordance with Title 18, United States Code, § 3161(b) and (h)(7)(A), and further that this good cause outweighs the public's interest in the prompt disposition of criminal cases, in accordance with Fed. R. Crim. P. 5.1(d).
Respectfully Submitted,
BENJAMIN B. WAGNER
United States Attorney
_________________
MATTHEW D. SEGAL
Assistant U.S. Attorney
_________________
JEFFREY STANIELS
Counsel for Defendant
SO ORDERED.
_________________
HON. DALE A. DROZD
U.S. Magistrate Judge