Opinion
CASE NO. 2:08-MJ-261 GGH
08-25-2011
UNITED STATES OF AMERICA, Plaintiff, v. OLIVER A. CHAPMAN, III, Defendant.
MICHAEL D. ANDERSON Assistant U.S. Attorney DONALD DORFMAN Attorney for the Defendant
BENJAMIN B. WAGNER
United States Attorney
MICHAEL D. ANDERSON
Assistant U.S. Attorney
STIPULATION AND ORDER TO
EXTEND TIME FOR PRELIMINARY
EXAMINATION AND EXCLUDE TIME
The parties agree that time beginning August 26, 2011, and extending through September 23, 2011, should be excluded from the calculation of time under the Speedy Trial Act. Further, the Defendant consents to an extension of the time for preliminary examination until September 23, 2011. Fed. R. Crim. P. 5.1(d). The parties submit that the ends of justice are served by the Court excluding such time that they may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). In particular, the additional time is required so that the government and Defendant may analyze the government's proposed resolution in light of the evidence in the case. This request is also based in part on the need for the parties to review calculations related to loss and to complete the investigation of relatively recently discovered information. The parties submit that this interest of justice outweighs the interest of the public and the Defendant in a speedy filing of an indictment or information, in accordance with Title 18, United States Code, § 3161(b) and (h)(7)(A), and further that this good cause outweighs the public's interest in the prompt disposition of criminal cases, in accordance with Fed. R. Crim. P. 5.1(d).
Respectfully Submitted,
BENJAMIN B. WAGNER
United States Attorney
MICHAEL D. ANDERSON
Assistant U.S. Attorney
DONALD DORFMAN
Attorney for the Defendant
ORDER
IT IS SO ORDERED
EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE