Opinion
CR. No. S 07-571 GEB
10-27-2011
UNITED STATES OF AMERICA, Plaintiff, v. ERIC BROOKS, Defendant.
Philip Ferrari for MICHAEL HANSEN, ESQ. Attny. for Eric Brooks BENJAMIN WAGNER United States Attorney PHILIP A. FERRARI Assistant U.S. Attorney
BENJAMIN WAGNER
United States Attorney
PHILIP A. FERRARI
Assistant U.S. Attorney
STIPULATION AND ORDER
Date: December 16, 2011
Time: 9:00 a.m.
Hon. Garland E. Burrell, Jr.
It is hereby stipulated by and between the United States of America through its attorneys, and defendant Eric Brooks and his attorney, that the status conference hearing set for October 28, 2011, be vacated, and a status conference hearing be set for December 16, 2011 at 9:00 a.m.
Mr. Brooks is also a defendant in case no. CR S 08-122 GEB. He has entered a guilty plea in that case and the parties are requesting that sentencing be set for December 16, 2011. Pursuant to the plea agreement entered in case 08-0122 GEB, the government anticipates dismissing the charges against Mr. Brooks in case 07-571 at sentencing. However, that cannot occur until Mr. Brooks has finished completing his obligations under the plea agreement. The parties stipulate that the ends of justice are served by the Court excluding the time between October 28, 2011, and December 16, 2011, so that the defendant may continue to fulfill his obligations under the plea agreement in case 08-0122, which will likely result in the dismissal of the pending charges in this case. 18 U.S.C. §3161(h)(1) (other proceedings concerning the defendant) / Local Code C (other charges pending).
Philip Ferrari for
MICHAEL HANSEN, ESQ.
Attny. for Eric Brooks
BENJAMIN WAGNER
United States Attorney
PHILIP A. FERRARI
Assistant U.S. Attorney
IT IS ORDERED that the status conference currently set for October 28, 2011, is vacated, and a new status conference is set for December 16, 2011, at 9:00 a.m. For the reasons stipulated to by the parties, good cause exists pursuant to 18 U.S.C. §§ 3161(h), and time is excluded under the Speedy Trial Act through October 28, 2011. For the reasons set forth in the stipulation, the interests of justice served by granting this continuance outweigh the best interests of the public and the defendants in a speedy trial.
IT IS SO ORDERED.
GARLAND E. BURRELL, JR.
United States District Judge