Opinion
CASE NO. 2:11-MJ-274-DAD
01-25-2012
UNITED STATES OF AMERICA, Plaintiff, v. KINDE DURKEE Defendant.
BENJAMIN B. WAGNER United States Attorney JOHN K. VINCENT Assistant U.S. Attorney DANIEL NIXON Attorney for Defendant KINDE DURKEE Defendant
BENJAMIN B. WAGNER
United States Attorney
JOHN K. VINCENT
Assistant U.S. Attorney
STIPULATION TO CONTINUE
PRELIMINARY HEARING AND TO
EXCLUDE TIME AND [PROPOSED] ORDER
The parties stipulate that the preliminary hearing in the above-captioned matter shall be continued from January 26, 2012 at 2:00 pm to February 28, 2012 at 2:00 pm. The parties further stipulate that the time between January 26, 2012 and February 28, 2012 should be excluded from the calculation of time under the Speedy Trial Act. The parties stipulate that the arrest in this case occurred at a time before the investigation was completed, and that the case is complex given the number of clients of Ms. Durkee and bank accounts involved. The investigation has continued, a significant amount of materials have been acquired, and the government needs additional time to review, analyze, and synthesize those materials. Federal Rule of Criminal Procedure 5.1(d) and 18 U.S.C. § 3161(h)(7)(B)(iii).
The parties further stipulate and agree that there is good cause for this extension, and that the ends of justice served by taking this action outweigh the best interests of the public and the defendant in a speedy trial. Federal Rule of Criminal Procedure 5.1(d) and 18 U.S.C. § 3161(h)(7)(A).
Respectfully Submitted,
BENJAMIN B. WAGNER
United States Attorney
By: _________________
JOHN K. VINCENT
Assistant U.S. Attorney
By: _________________
DANIEL NIXON
Attorney for Defendant
By: _________________
KINDE DURKEE
Defendant
ORDER
For the reasons set forth above, AND GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED that the preliminary hearing in the above-captioned matter shall, pursuant to Federal Rule of Criminal Procedure 5.1(d), be continued from January 26, 2012 at 2:00 pm to February 28, 2012 at 2:00 pm, before Magistrate Judge Carolyn K. Delaney.
IT IS ALSO ORDERED that the time between January 26, 2012 and February 28, 2012 shall be excluded from the calculation of time under the Speedy Trial Act in the above-captioned action. The Court finds that the ends of justice served by taking this action outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).
_________________
HON. DALE A. DROZD
U.S. Magistrate Judge