Opinion
NO. 11-mj-171 KJN
08-25-2011
UNITED STATES OF AMERICA, Plaintiff, v. BOBBY JOE KIRBY, Defendant.
DANIEL J. BRODERICK, Bar #89424 Federal Defender MATTHEW C. BOCKMON, Bar # 161566 Assistant Federal Defender Attorney for Defendant BOBBY JOE KIRBY
DANIEL J. BRODERICK, Bar #89424
Federal Defender
MATTHEW C. BOCKMON, Bar # 161566
Assistant Federal Defender
Attorney for Defendant
BOBBY JOE KIRBY
STIPULATION AND ORDER TO EXTEND
TIME FOR PRELIMINARY EXAMINATION
AND TO EXCLUDE TIME
IT IS HEREBY STIPULATED AND AGREED TO between the United States of America through Matthew D. Segal, Assistant United States Attorney, and BOBBY JOE KIRBY, by and through his counsel, Matthew C. Bockmon, Assistant Federal Defender, that the Preliminary Examination set for Friday, August 26, 2011, may be continued to Thursday, September 1, 2011, at 2:00 p.m.
The parties stipulate that the time between the filing of this stipulation, August 25, 2011, through and including September 1, 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, additional time is appropriate for attorney- client consultation in this case because the defendant lives in Reno. 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,
DANIEL J. BRODERICK
Federal Defender
MATTHEW C. BOCKMON
Assistant Federal Defender
Attorney for Defendant
BOBBY JOE KIRBY
BENJAMIN B. WAGNER
United States Attorney
MATTHEW D. SEGAL
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
For good cause shown above,
IT IS SO ORDERED.
EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE