You're viewing Docket Item 9 from the case USA v. Swygert. View the full docket and case details.

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HEATHER E. WILLIAMS, #122664
Federal Defender
MICHAEL PETRIK, Jr., #177913
Assistant Federal Defender
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: (916) 498-5700
Attorneys for Defendant

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,
Plaintiff,

v.

KEITH WAYNE SWYGERT,

_______________________________

Defendant.

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No. CR. S-13-211 TLN
STIPULATION AND ORDER TO SCHEDULE
MOTION HEARING ON SEPTEMBER 26,
2013, AT 9:30 A.M.; BRIEFING
SCHEDULE
Date:
Time: 9:00 a.m.
Judge: Hon. Troy L. Nunley

July 11, 2013

THE PARTIES STIPULATE, through counsel, Michael McCoy, Assistant

United States Attorney, and Michael Petrik, Jr., attorney for Mr.
Swygert, that the Court should vacate the status conference on July 11,
2013, at 9:30 a.m., and schedule a non-evidentiary motion hearing on
September 26, 2013, at 9:30 a.m. If the motions require an evidentiary
hearing, the parties will schedule it at that time.

Counsel agree that: Mr. Swygert will file his motion to suppress
on or before August 15, 2013; the government will oppose on or before
September 12, 2013; and, Mr. Swygert may file an optional reply on or
before September 19, 2013.
/ / /

STIPULATION AND ORDER

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CR. S-13-211 TLN

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The parties stipulate that the Court should exclude the period

from the date of this order through September 26, 2013, when it
computes the time within which the trial of the above criminal
prosecution must commence for purposes of the Speedy Trial Act. The
parties stipulate that the ends of justice served by granting Mr.
Swygert’s request for time to prepare and to file motions outweighs the
best interest of the public and Mr. Swygert in a speedy trial, and that
this is an appropriate exclusion of time for defense preparation within
the meaning of 18 U.S.C. §§ 3161(h)(7) (Local Code T4), and
3161(h)(1)(D) (Local Code E).
Dated: July 8, 2013

Dated: July 8, 2013

Respectfully submitted,
HEATHER E. WILLIAMS
Federal Defender
/s/ M.Petrik

MICHAEL PETRIK, Jr.
Assistant Federal Defender
BENJAMIN B. WAGNER
United States Attorney
/s/ M.Petrik for

MICHAEL McCOY
Assistant U.S. Attorney

STIPULATION AND ORDER

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CR. S-13-211 TLN

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ORDER

IT IS SO ORDERED. A motion hearing is scheduled on September 26,
2013, at 9:30 a.m. The Court finds that a continuance is necessary for
the reasons stated above, and further finds that the ends of justice
served by granting defendant time to file motions outweighs the best
interests of the public and the defendant in a speedy trial. Time is
therefore excluded from the date of this order through September 26,
2013, pursuant to 18 U.S.C. §§ 3161(h)(7) (Local Code T4), and
3161(h)(1)(D) (Local Code E).

DATED: July 10, 2013

STIPULATION AND ORDER

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CR. S-13-211 TLN