Opinion
No. 2:11-cr-00068-MCE
08-10-2011
UNITED STATES OF AMERICA Plaintiff, v. RAZHAM DEMAR BROADNAX, Defendant.
BENJAMIN B. WAGNER United States Attorney WILLIAM S. WONG Assistant U.S. Attorney
BENJAMIN B. WAGNER
United States Attorney
WILLIAM S. WONG
Assistant U.S. Attorney
STIPULATION AND ORDER
TO RESET EVIDENTIARY HEARING
The United States of America, through its counsels of record, Benjamin B. Wagner, United States Attorney for the Eastern District of California, and William S. Wong, Assistant United States Attorney, and defendant Razham Demar Broadnax, through his counsel, Matthew Scoble, Assistant Federal Defender, stipulate and agree to the following revised evidentiary hearing date. The evidentiary hearing on the defendant's motion to suppress evidence currently set for August 22, 2011, at 9:00 a.m., be changed to August 24, 2011, at 9:00 a.m.
Counsel for the government was scheduled to begin trial in the matter of United States v. Magallon-Lupin, C.R. S-10-523 KJM, on August 22, 2011. Upon learning of the time conflict, counsel for the government conferred with the defendant's counsel and reached an agreement after consulting with the court's courtroom clerk to move the evidentiary hearing date to Wednesday, August 24, 2011, at 9:00 a.m. After being advised that the court could accommodate the parties' request to move the evidentiary hearing date, the defendant's counsel served two witnesses with subpoenas for the August 24, 2011 date. Just recently, the Magallon-Lupin trial date of August 22, 2011 was changed as a result of the fact that Magallon-Lupin filed an additional motion, thereby, resulting in the trial date of August 22, 2011 being vacated and moved into November. However, since the defense has served two of its witnesses to testify at the evidentiary hearing on August 24, the parties agree that it would be better to leave the evidentiary hearing on August 24, 2011. Furthermore, the parties stipulate and request that the court find that the ends of justice served by the granting of such a continuance or extension outweigh the best interests of the public and the defendant in a speedy trial.
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
WILLIAM S. WONG
Assistant U.S. Attorney
MATTHEW SCOBLE
Attorney for Defendant
ORDER
For the reasons set forth above, the revised evidentiary hearing is adopted and the evidentiary hearing is now continued to Wednesday, August 24, 2011, at 9:00 a.m. Since the defendant has filed his motion to suppress evidence, time will continue to be excluded because of the pending motion pursuant to Local Code E and 18 U.S.C. § 3161(h)(1)(D), and Local Code T-4 from the filing of the motion to August 24, 2011, or whenever the Court rules on motion, whichever is later. Furthermore, the Court finds that the ends of justice served by the granting of such continuance outweigh the best interests of the public and the defendant in a speedy trial.
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE