Opinion
2:21-MJ-19 CKD
06-07-2021
UNITED STATES OF AMERICA, Plaintiff, v. ISAIH PHELPS, Defendant.
PHILLIP A. TALBERT Acting United States Attorney BRIAN A. FOGERTY Assistant United States Attorney Attorneys for Plaintiff United States of America
PHILLIP A. TALBERT Acting United States Attorney BRIAN A. FOGERTY Assistant United States Attorney Attorneys for Plaintiff United States of America
FINDINGS AND ORDER EXTENDING TIME FOR PRELIMINARY HEARING PURSUANT TO RULE 5.1(d) AND EXCLUDING TIME
KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE
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 June 7, 2021. 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 August 20, 2021, at 2:00 p.m. before Magistrate Judge Kendall J. Newman.
2. The time between June 25, 2021, and August 20, 2021, shall be excluded from calculation pursuant to 18 U.S.C. § 3161(h)(7)(A).
3. Defendants shall appear at that date and time before the Magistrate Judge on duty.
IT IS SO ORDERED.