Opinion
DAVID W. DRATMAN, Attorney at Law, Sacramento, California, Attorney for Defendant WENYI XU.
BENJAMIN B. WAGNER, UNITED STATES ATTORNEY, KYLE REARDON, Assistant U.S. Attorney.
STIPULATION FOR EXCLUSION OF TIME AND WAIVER OF TIME LIMITS IN RULE 5.1(C) AND ORDER
DALE A. DROZD, Magistrate Judge.
IT IS HEREBY STIPULATED between Plaintiff, United States, through their attorney of record, Assistant United States Attorney Kyle Reardon and Defendant, Wenyi Xu, through her attorney of record, David W. Dratman, as follows:
1. The Complaint in this case was filed on September 6, 2013, and defendant first appeared before a judicial officer of the Court in which the charges in this case were pending on September 11, 2013. On September 13, 2013, the Court set a preliminary hearing date of October 8, 2013. By Stipulation and Order this preliminary hearing was continued to November 5, 2013.
2. By this Stipulation, the parties jointly move for an extension of time of the preliminary hearing date to January 7, 2014, at 2:00 p.m. The parties stipulate that the delay is required to allow the defense reasonable time for preparation, and for the government's continuing investigation of the case. The parties further agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).
3. Defendant further waives the time limits set forth in Rule 5.1(c) of the Federal Rules of Criminal Procedure; and, requests that this Court grant this request for extension and exclusion of time, pursuant to Rule 5.1(d) of the Federal Rules of Criminal Procedure.
4. Therefore, the parties request that the time between November 5, 2013 and January 7, 2014 be excluded pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv), Local Code T-4; and that the preliminary hearing scheduled for November 5, 2013, be moved to January 7, 2014 at 2:00 p.m.
ORDER
The Court has read and considered the above Stipulation and finds that the Stipulation, which this Court incorporates by reference into this Order, demonstrates good cause for an exclusion of time pursuant to the applicable law. This Court also finds that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial.
It is ordered that the time between November 5, 2013, and January 7, 2014, shall be excluded from calculation pursuant to 18 U.S.C. § 3161(h)(7)(A), pursuant to Rule 5.1(d) of the Federal Rules of Criminal Procedure.
It is so ordered.