Opinion
2:11-MJ-0391-CKD
01-18-2012
UNITED STATES OF AMERICA, Plaintiff, v. ERIC v. MYERS, Defendant.
DANIEL J. BRODERICK Federal Defender TIMOTHY ZINDEL, BAR #158377 Assistant Federal Defender Attorney for Defendant ERIC V. MYERS
DANIEL J. BRODERICK
Federal Defender
TIMOTHY ZINDEL, BAR #158377
Assistant Federal Defender
Attorney for Defendant
ERIC V. MYERS
STIPULATION AND ORDER TO
EXTEND TIME FOR PRELIMINARY
EXAMINATION AND EXCLUDE TIME
Date: January 20, 2012
Time: 2:00 p.m.
Judge: Hon. Dale A. Drozd
It is hereby stipulated and agreed between defendant, Eric V. Myers, and plaintiff, United States of America, by and through their attorneys, that the preliminary hearing set for January 20, 2012, may be continued to February 3, 2012 at 2:00 p.m.
The government has agreed to provide discovery to defense counsel and the parties are exploring the possibility of resolving the case without further charging. Mr. Myers and the government have agreed to extend time for the preliminary hearing in order to determine the best manner in which to proceed. The parties therefore agree to extend the time for preliminary examination to February 3, 2012, at 2:00 p.m., and agree that good cause exists within the meaning of Federal Rule of Criminal Procedure 5.1(d). The parties further agree that the time within which indictment must be filed may be extended to February 3, 2012, and that time under the Speedy Trial Act may be excluded to that date, pursuant to 18 U.S.C. § 3161(h)(8)(A) and (B)(iv), to afford both parties reasonable time to prepare.
Respectfully Submitted,
DANIEL J. BRODERICK
Federal Defender
_________________________
TIMOTHY ZINDEL
Assistant Federal Defender
Attorney for ERIC V. MYERS
BENJAMIN B. WAGNER
United States Attorney
T. Zindel for J. Lee
JUSTIN LEE
Special Assistant U.S. Attorney
ORDER
The preliminary hearing is continued to February 3, 2012, at 2:00 p.m., before Magistrate Judge Carolyn K. Delaney, the Court finding good cause, and time is excluded as set forth above and for the reasons set forth above.
IT IS SO ORDERED.
_________________________
HON. DALE A. DROZD
United States Magistrate Judge