Opinion
CASE NO. 1:11 CR 00343 AWI
01-31-2013
UNITED STATES OF AMERICA, Plaintiff, v. ONG SONEPHADY Defendant.
BENJAMIN B. WAGNER United States Attorney KEVIN P. ROONEY Assistant United States Attorney MARK BROUGHTON Attorney for Defendant
BENJAMIN B. WAGNER
United States Attorney
KEVIN P. ROONEY
Assistant United States Attorney
2500 Tulare Street, Suite 4401
Fresno, CA 93721
Telephone: (559) 497-4000
Facsimile: (559) 497-4099
Attorneys for Plaintiff
United States of America
STIPULATION AND ORDER TO VACATE TRIAL
DATE AND HEARING RE MOTION TO
SUPPRESS EVIDENCE AND CONTINUE
STATUS CONFERENCE HEARING
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Kevin P. Rooney, Counsel for Plaintiff and Mark Broughton Counsel for Defendant that the hearing scheduled for a motion to suppress evidence now scheduled for February 4, 2013 at 1:30 p.m. and trial in the above-captioned matter now set for March 26, 2013, may be vacated and a status conference in this matter be set for February 25, 2013 at 1:00 p.m. before Magistrate McAuliffe to reschedule the trial.
This continuance is at the request of all parties. Counsel have engaged in substantive plea negotiations on the case. However, the parties have been unable to finalize the potential plea agreements. The assigned AUSA has been unavailable for several weeks due to a family emergency. Counsel for the defense has several pending trials which will occupy the counsel for approximately the next two months. The requested continuance is with the intention of conserving time and resources for both parties and the court. The parties agree that the delay resulting from the continuance shall be excluded in the interests of justice, including but not limited to, the need for the period of time set forth herein for effective defense preparation, defense investigation, and plea negotiations purposed pursuant to 18 U.S.C. § 3161(h)(7)(A) and 3161(h)(7)(B)(i) and (iv).
BENJAMIN B. WAGNER
United States Attorney
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KEVIN P. ROONEY
Assistant United States Attorney
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MARK BROUGHTON
Attorney for Defendant
ORDER
Time is excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(i) and (iv). IT IS SO ORDERED.
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SENIOR DISTRICT JUDGE