Opinion
CASE NO. 2:11-MJ-171 KJN
08-05-2011
UNITED STATES OF AMERICA, Plaintiff, v. BOBBY JOE KIRBY Defendant.
BENJAMIN B. WAGNER United States Attorney MATTHEW D. SEGAL Assistant U.S. Attorney MATTHEW BOCKMON Attorney for Defendant
BENJAMIN B. WAGNER
United States Attorney
MATTHEW D. SEGAL
Assistant U.S. Attorney
STIPULATION AND
ORDER TO EXTEND TIME FOR
PRELIMINARY EXAMINATION AND
EXCLUDE TIME
The parties confirm their in-court request that the preliminary examination in this case be continued to August 26, 2011. They stipulate that the time between the filing of this stipulation and August 26, 2011 should be excluded from the calculation of time under the Speedy Trial Act and that there is good cause for a continuance of the preliminary examination pursuant to Fed. R. Crim. P. 5.1(d). The parties stipulate that the ends of justice are served by the Court excluding such time, so that counsel for the defendant 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). Specifically, the Government has now disclosed pre-indictment discovery and a proposed plea agreement to the Defense. Also, some additional time is appropriate for attorney-client consultation in this case because the Defendant lives in Reno, some distance from the office of his attorney. The parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy return of an indictment and speedy trial. 18 U.S.C. § 3161(h)(7)(A); 18 U.S.C. § 3161(b).
Respectfully Submitted,
BENJAMIN B. WAGNER
United States Attorney
MATTHEW D. SEGAL
Assistant U.S. Attorney
MATTHEW BOCKMON
Attorney for Defendant
SO ORDERED.
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE