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United States v. Beaver

United States District Court, Ninth Circuit, California, E.D. California
Mar 24, 2015
2:15-MJ-0039-AC, 2:15-MJ-0040-AC (E.D. Cal. Mar. 24, 2015)

Opinion

          STIPULATION AND ORDER CONTINUING PRELIMINARY HEARING DATE

          KENDALL J. NEWMAN, Magistrate Judge.

         STIPULATION

          BENJAMIN B. WAGNER, United States Attorney, JUSTIN L. LEE Assistant U.S. Attorney, Sacramento, CA.

          JUSTIN L. LEE, Assistant U.S. Attorney, KELLY BABINEAU, Attorney for Bryce Beaver.

          ROBERT HOLLEY, Attorney for Charles Beaver.

          JEFFREY FLETCHER, Attorney for Sharod Gibbons.

          The United States, by and through its undersigned counsel, and the defendants, by and through their counsel of record, hereby stipulate as follows:


1. By prior order, these matters were set for Preliminary Hearing on March 25, 2015 (Bryce Beaver and Charles Beaver) and April 3 (Sharod Gibbons).

2. By this Stipulation, the parties now move to continue the Preliminary Hearing until April 29, 2015, at 2:00 p.m.

3. Defendants Bryce Beaver and Charles Beaver made their initial appearance on March 4, 2015. Defendant Sharod Gibbons made his initial appearance on March 13, 2015.

4. All three defendants are presently out of custody and being supervised by a Pretrial Services Officer.

5. The parties have discussed a potential pre-indictment resolution of this matter. The parties need further time to discuss this matter, discuss any potential consequences, and to allow counsel for the defendants reasonable time necessary for preparation and further investigation.

6. The defendants understand that pursuant to 18 U.S.C. § 3161(b), "any information or indictment charging an individual with the commission of an offense shall be filed within thirty days from the date on which such individual was arrested." Time may be excluded under the Speedy Trial Act if the Court finds that the ends of justice served by granting such a continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). The parties jointly move to exclude time within which any indictment or information shall be filed from the date of this order, through and including April 29, 2015, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv), because failure to do so would "deny counsel for the defendant... the reasonable time necessary for effective preparation, taking into account the exercise of due diligence."

7. Good cause exists under Rule 5.1(d) of the Federal Rules of Criminal Procedure.

          ORDER

         IT IS SO FOUND AND ORDERED.


Summaries of

United States v. Beaver

United States District Court, Ninth Circuit, California, E.D. California
Mar 24, 2015
2:15-MJ-0039-AC, 2:15-MJ-0040-AC (E.D. Cal. Mar. 24, 2015)
Case details for

United States v. Beaver

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. BRYCE BEAVER, CHARLES BEAVER, and…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Mar 24, 2015

Citations

2:15-MJ-0039-AC, 2:15-MJ-0040-AC (E.D. Cal. Mar. 24, 2015)