Opinion
CASE NO. 2:16-MJ-0065-KJN
03-24-2016
UNITED STATES OF AMERICA, Plaintiff, v. BRIAN K. MELLOR, Defendant.
BENJAMIN B. WAGNER United States Attorney ROSS K. NAUGHTON Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 Facsimile: (916) 554-2900 Attorneys for Plaintiff United States of America
BENJAMIN B. WAGNER
United States Attorney
ROSS K. NAUGHTON
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: (916) 554-2700
Facsimile: (916) 554-2900 Attorneys for Plaintiff
United States of America FINDINGS AND ORDER EXTENDING TIME FOR PRELIMINARY HEARING PURSUANT TO RULE 5.1(d) AND EXCLUDING TIME DATE: March 30, 2016
TIME: 2:00 p.m.
COURT: Hon. Carolyn K. Delaney
The Court has read and considered the Stipulation for Extension of Time for Preliminary Hearing Pursuant to Rule 5.1(d) and Exclusion of Time, filed by the parties in this matter on March 24, 2016. The Court hereby finds that the Stipulation, which this Court incorporates by reference into this Order, demonstrates good cause for an extension of time for the preliminary hearing date pursuant to Rule 5.1(d) of the Federal Rules of Criminal Procedure.
Furthermore, for the reasons set forth in the parties' stipulation, the Court finds that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). The Court further finds that the extension of time would not adversely affect the public interest in the prompt disposition of criminal cases.
THEREFORE, FOR GOOD CAUSE SHOWN:
1. The date of the preliminary hearing is extended to March 31, 2016, at 2:00 p.m.
2. The time between March 30, 2016, and March 31, 2016, shall be excluded from calculation pursuant to 18 U.S.C. § 3161(h)(7)(A).
3. Defendant shall appear at that date and time before the Magistrate Judge on duty.
IT IS SO ORDERED. Dated: March 24, 2016
/s/_________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE