Stipulation to Continue Detention Hearing and Preliminary Hearing — United States v. Zhu (E.D. Cal., Dkt. 12)

Summary

A Stipulation to Continue Detention Hearing and Preliminary Hearing, with an order, Document 12 in United States v. Jia Bei Zhu, aka Jesse Zhu, Qiang He, and David He, Case No. 1:23-mj-00123-SKO, filed October 31, 2023, in the U.S. District Court for the Eastern District of California. The parties stipulate that the hearings set for November 8, 2023, can be continued until November 16, 2023, stating that defense counsel has a conflicting trial. They agree that time is excluded from November 9, 2023, through November 16, 2023, under 18 U.S.C. §§ 3161(h)(7)(A) and (h)(7)(B)(iv), and that the defendant should remain temporarily detained until November 16, 2023. The stipulation is dated October 25, 2023, with /s/ lines for Anthony Capozzi and Joseph Barton.

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       Case 1:23-mj-00123-SKO Document 12 Filed 10/31/23 Page 1 of 4


1    PHILLIP A. TALBERT
     United States Attorney
2    JOSEPH D. BARTON
     Assistant United States Attorney
3    2500 Tulare Street, Suite 4401
     Fresno, CA 93721
4    Telephone: (559) 497-4000
     Facsimile: (559) 497-4099
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6    Attorneys for Plaintiff
     United States of America
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9                             IN THE UNITED STATES DISTRICT COURT
10                         FOR THE EASTERN DISTRICT OF CALIFORNIA
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12    UNITED STATES OF AMERICA                          Case No. 1:23-mj-00123-SKO
13                   Plaintiff,                         STIPULATION TO CONTINUE
                                                        DETENTION HEARING AND
14                                                      PRELIMINARY HEARING
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            v.
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      JIA BEI ZHU, aka Jesse Zhu, Qiang He,
17    and David He,
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                     Defendant.
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            IT IS HEREBY STIPULATED between the parties that the detention hearing and
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     preliminary hearing set for November 8, 2023, can be continued until November 16, 2023, at
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     2:00 p.m., before the United States Magistrate Judge on duty. Good cause exists for the
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     requested continuance pursuant to 18 U.S.C. § 3142(f)(2) and Fed. R. Crim. P. 5.1(d) because
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     defense counsel has a conflicting trial in another matter and will not be ready for the detention
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     hearing and preliminary hearing in this case until November 16, 2023. Time under the Speedy
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     Trial Act has already been excluded through November 8, 2023. The parties agree that time
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     shall also be excluded from November 9, 2023, through November 16, 2023, for purposes of
       Case 1:23-mj-00123-SKO Document 12 Filed 10/31/23 Page 2 of 4


1    defense preparation and continuity of defense counsel pursuant to 18 U.S.C. §§ 3161(h)(7)(A)
2    and (h)(7)(B)(iv). The parties also agree that the defendant should remain temporarily detained
3    until November 16, 2023.
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6     Dated: October 25, 2023                          /s/ Anthony Capozzi
                                                       Anthony Capozzi
7                                                      Defense Counsel
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      Dated: October 25, 2023                          /s/ Joseph Barton
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                                                       Joseph Barton
11                                                     Assistant United States Attorney

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       Case 1:23-mj-00123-SKO Document 12 Filed 10/31/23 Page 3 of 4


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6                             IN THE UNITED STATES DISTRICT COURT
7                          FOR THE EASTERN DISTRICT OF CALIFORNIA
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9     UNITED STATES OF AMERICA                         Case No. 1:23-mj-00123-SKO
10                   Plaintiff,                        ORDER
11          v.
12    JIA BEI ZHU, aka Jesse Zhu, Qiang He,
      and David He,
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14                   Defendant.
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            Upon the parties’ stipulation, and for good cause shown pursuant to 18 U.S.C. §
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     3142(f)(2) and Fed. R. Crim. P. 5.1(d), the detention hearing and preliminary hearing that are
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     scheduled for November 8, 2023, are continued until November 16, 2023, at 2:00 p.m., before
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     the United States Magistrate Judge on duty. Time under the Speedy Trial Act has been excluded
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     through November 8, 2023. Time shall also be excluded from November 9, 2023, through
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     November 16, 2023, for purposes of defense preparation and continuity of defense counsel
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     pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (h)(7)(B)(iv).
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            The defendant shall remain temporarily detained until November 16, 2023.
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     IT IS SO ORDERED.
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26      Dated:     October 31, 2023                           /s/
                                                       UNITED STATES MAGISTRATE JUDGE
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     Case 1:23-mj-00123-SKO Document 12 Filed 10/31/23 Page 4 of 4


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