Opinion
No. 13-mj-101 DAD
05-03-2013
UNITED STATES OF AMERICA, Plaintiff, v. HENRY STANLEY, Jr., Defendant.
JOSEPH SCHLESINGER, #87692 Acting Federal Defender MICHAEL PETRIK, Jr. #177913 Assistant Federal Defender Attorneys for Defendant BENJAMIN B. WAGNER United States Attorney MICHELLE RODRIGUEZ Assistant U.S. Attorney
JOSEPH SCHLESINGER, #87692
Acting Federal Defender
MICHAEL PETRIK, Jr. #177913
Assistant Federal Defender
Attorneys for Defendant
STIPULATION AND ORDER
TO CONTINUE PRELIMINARY HEARING
Date: May 8, 2013
Judge: Hon. Kendall J. Newman
The parties stipulate and request that the Court continue the preliminary hearing scheduled for May 8, 2013, at 2:00 p.m., to June 6, 2013, at 2:00 p.m., before the duty magistrate.
Counsel for Mr. Stanley requires the time to review discovery with him and to conduct investigation. Counsel also requires the time to continue to discuss pre-indictment resolution of this case with Mr. Stanley, and to continue on-going negotiations with the government.
The parties agree that the above reasons constitute good cause to extend the time for preliminary hearing under Fed. R. Crim. P. 5.1, and that the Court should extend the time within which the government must file an indictment to June 6, 2013. The parties stipulate that the ends of justice served by granting Mr. Stanley's request for a continuance outweigh the best interest of the public and Mr. Stanley in a speedy trial, and that this is an appropriate exclusion of time for defense preparation within the meaning of 18 U.S.C. § 3161(h)(7) (Local Code T4).
JOSEPH SCHLESINGER
Acting Federal Defender
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MICHAEL PETRIK, Jr.
Assistant Federal Defender
BENJAMIN B. WAGNER
United States Attorney
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MICHELLE RODRIGUEZ
Assistant U.S. Attorney
ORDER
Finding good cause, the Court orders the preliminary hearing continued to June 6, 2013, at 2:00 p.m., before the duty magistrate; and, time excluded as set forth above for the reasons set forth above. The Court finds that the ends of justice served by granting Mr. Stanley's request for a continuance outweigh the best interest of the public and Mr. Stanley in a speedy trial.
IT IS SO ORDERED.
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KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE