Opinion
HEATHER E. WILLIAMS, Federal Defender, NOA E. OREN, Assistant Federal Defender, Sacramento, CA., Attorney for Defendant DION LAROY JOHNSON, II.
BENJAMIN WAGNER, United States Attorney, JUSTIN LEE, Assistant U.S. Attorney, Attorney for Plaintiff.
STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE DETENTION AND PRELIMINARY HEARINGS AND EXCLUDE TIME
CAROLYN K. DELANEY, Magistrate Judge.
The United States of America, through its counsel, Assistant U.S. Attorney Justin Lee, and defendant, Dion Laroy Johnson, II, through Assistant Federal Defender, Noa E. Oren, stipulate that the Detention Hearing and the Preliminary Hearing, currently scheduled for July 7, 2015 and July 14, 2015, respectively, be continued to July 15, 2015 at 2:00 p.m.
The continuance is necessary for defense preparation in conferring with defendant and the government to negotiate a resolution to this matter prior to an indictment being filed.
The parties agree that the time beginning from the date of this stipulation extending through July 15, 2015, should be excluded from the calculation of time under the Speedy Trial Act. Further, the Defendant consents to an extension of the time for a Preliminary Hearing until July 16, 2015, Fed.R.Crim.P. 5.1(d). The parties submit that the ends of justice are served by the Court excluding such time, so 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). The parties stipulate that this interest of justice outweighs the interest of the public and the defendant in a speedy trial, 18 U.S.C. § 3161(b) and (h)(7)(A), and further that this good cause outweighs the public's interest in the prompt disposition of criminal cases. Fed.R.Crim.P. 5.1(d).
ORDER
Finding good cause, the Court orders the detention and preliminary hearings continued to July 15, 2015, at 2:00 p.m., before the Hon. Edmund F. Brennan; and, time excluded for the reasons set forth above. The Court finds that the ends of justice served by granting the defendant's request for a continuance outweigh the best interest of the public and the defendant in a speedy trial.