Opinion
BENJAMIN B. WAGNER, United States Attorney, JOSH F. SIGAL, Special Assistant U.S. Attorney, Sacramento, CA.
DANIEL OLMOS, Attorney for Michael Carey Clemans.
STIPULATION AND ORDER CONTINUING PRELIMINARY HEARING DATE
DALE A. DROZD, Magistrate Judge.
STIPULATION
The United States, by and through its undersigned counsel, and the defendant, by and through his counsel of record, hereby stipulate as follows:
1. By prior order, this matter was set for a Preliminary Hearing on August 7, 2015.
2. By this Stipulation, the parties now move to continue the Preliminary Hearing until September 4, 2015, at 2:00 p.m.
3. The parties need further time to discuss this matter, discuss any potential consequences in light of the facts set forth in the complaint affidavit, and to allow counsel for the defendant reasonable time necessary for preparation and further investigation.
4. Defendant understands 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 July 28, 2015, through and including September 4, 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."
5. Good cause exists under Rule 5.1(d) of the Federal Rules of Criminal Procedure.
IT IS SO STIPULATED.
ORDER
IT IS SO FOUND AND ORDERED.