Opinion
No. CR 09-01168-RMW
11-15-2011
UNITED STATES OF AMERICA, Plaintiff, v. JAMES NELSEN, Defendant.
MELINDA HAAG (CABN 132612) United States Attorney MIRANDA KANE (CABN 150630) Chief, Criminal Division JEFFREY B. SCHENK (CABN 234355) Assistant United States Attorney Attorneys for Plaintiff
MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
JEFFREY B. SCHENK (CABN 234355)
Assistant United States Attorney
Attorneys for Plaintiff
STIPULATION AND [] ORDER TO CONTINUE HEARING
Defendant and the government, through their respective counsel, hereby stipulate that, subject to the court's approval, the hearing date in the above-captioned matter, presently scheduled for Monday, December 5, 2011, at 9:00 a.m., be continued to Monday, December 19, 2011, at 9:00 a.m. The continuance has been requested because counsel for the government is unavailable on December 5.
The parties further agree and stipulate that time should be excluded from December 5, 2011 through and including December 19, 2011, for continuity of counsel, pursuant to Speedy Trial Act, 18 U.S.C. §3161(h)(7)(A) and (B)(iv). Accordingly, the United States and the defendant agree that granting the requested exclusion of time will serve the interest of justice and outweigh the interest of the public and defendant in a speedy trial.
MELINDA HAAG
United States Attorney
JEFFREY B. SCHENK
Assistant United States Attorney
VICKI YOUNG
Attorney for Defendant
ORDER
The parties have jointly requested a continuance of the hearing set for December 5, 2011.
GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the hearing date presently set for December 5, 2011 be continued to December 19, 2011 at 9:00 a.m. as well as the period of delay from December 5, 2011, to and including December 19, 2011, be excluded for purposes of Speedy Trial Act computations pursuant to 18 U.S.C. §3161.
IT IS SO ORDERED.
RONALD M. WHYTE
UNITED STATES DISTRICT JUDGE