Stipulation Regarding Excludable Time Periods Under Speedy Trial Act; Findings and Order (E.D. Cal., Dkt. 35)

Summary

This Stipulation Regarding Excludable Time Periods Under Speedy Trial Act; Findings and Order was filed in United States v. Joey Wayne Mackey, Case No. 1:25-CR-00187-JLT-SAB, in the Eastern District of California. The parties stipulate that the defendant moves to vacate the status conference set for September 24, 2026, schedule a change of plea hearing for December 14, 2026, and exclude the time between those dates. They state that the defendant is prepared to enter a plea of guilty to charges in the indictment agreed upon with the government, and that the government has represented that all discovery has been produced. In the order, United States Magistrate Judge Stanley A. Boone finds the status conference vacated and the change of plea set for December 14, 2026, before District Judge Jennifer L. Thurston.

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“Stipulation Regarding Excludable Time Periods Under Speedy Trial Act; Findings and Order (E.D. Cal., Dkt. 35).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-25-cr-00187-dkt-35-e-d-cal-cfbbffaec8/, SHA-256 8837c48e5f15c07d2bd916588f43e6151456959ef242b3165ef4b7c13f56dc72.

Full text

Case 1:25-cr-00187-JLT-SAB Document 35 Filed 09/21/26 Page 1 of 3

1 ERIC GRANT
United States Attorney
2 CALVIN LEE
Assistant United States Attorney
3 2500 Tulare Street, Suite 4401
Fresno, CA 93721
4 Telephone: (559) 497-4000
Facsimile: (559) 497-4099
5

6 Attorneys for Plaintiff
United States of America
7

8
IN THE UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10

11 UNITED STATES OF AMERICA, CASE NO. 1:25-CR-00187-JLT-SAB
12 Plaintiff, STIPULATION REGARDING EXCLUDABLE
TIME PERIODS UNDER SPEEDY TRIAL ACT;
13 v. FINDINGS AND ORDER
14 JOEY WAYNE MACKEY, DATE: September 24, 2026
TIME: 1:00 p.m.
15 Defendant. COURT: Hon. Stanley A. Boone
16

17 STIPULATION

18 Plaintiff United States of America, by and through its counsel of record, and defendant, by and

19 through defendant’s counsel of record, hereby stipulate as follows:

20 1. By previous order, this matter was set for status on September 24, 2026.

21 2. By this stipulation, defendant now moves to vacate the status conference set for

22 September 24, 2026, schedule a change of plea hearing for December 14, 2026, and to exclude time

23 between September 24, 2026, and December 14, 2026, pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv).

24 3. The parties agree and stipulate, and request that the Court find the following:

25 a) The defendant is currently out of custody pursuant to release conditions ordered

26 by the Court.

27 b) The government has represented that the discovery associated with this case

28 includes investigative reports, email correspondence, financial data, and internal accounting

STIPULATION REGARDING EXCLUDABLE TIME 1
30 PERIODS UNDER SPEEDY TRIAL ACT
Case 1:25-cr-00187-JLT-SAB Document 35 Filed 09/21/26 Page 2 of 3

1 documents. The government represents that all discovery has been produced.

2 c) The defendant is prepared to enter a plea of guilty to charges in the indictment

3 agreed upon with the government.

4 d) The defendant believes that failure to vacate the September 24, 2026, status

5 conference and exclude time prior to the change of plea would limit counsel’s ability to prepare

6 for the change of plea, conduct any investigations pertinent to sentencing matters, and

7 sufficiently prepare counsel’s client for sentencing.

8 e) The government does not object to vacating the status conference and setting a

9 change of plea date.

10 f) Based on the above-stated findings, the ends of justice served by continuing the

11 case as requested outweigh the interest of the public and the defendant in a trial within the

12 original date prescribed by the Speedy Trial Act.

13 g) For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161,

14 et seq., within which trial must commence, the time period of September 24, 2026 to December

15 14, 2026, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) because it

16 results from a continuance granted by the Court at defendant’s request on the basis of the Court’s

17 finding that the ends of justice served by taking such action outweigh the best interest of the

18 public and the defendant in a speedy trial.

19 4. Nothing in this stipulation and order shall preclude a finding that other provisions of the

20 Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial
21 must commence.

22 IT IS SO STIPULATED.

24
Dated: September 18, 2026 ERIC GRANT
25 United States Attorney
26
/s/ CALVIN LEE
27 CALVIN LEE
Assistant United States Attorney
28

STIPULATION REGARDING EXCLUDABLE TIME 2
30 PERIODS UNDER SPEEDY TRIAL ACT
Case 1:25-cr-00187-JLT-SAB Document 35 Filed 09/21/26 Page 3 of 3

1 Dated: September 18, 2026 /s/ Edward W. Swanson
Edward W. Swanson
2 Counsel for Defendant
3 JOEY WAYNE MACKEY

5
ORDER
6
IT IS SO FOUND AND ORDERED that the September 24, 2026, status conference before this
7
Court in case number 1:25-cr-00187-JLT-SAB is vacated and a change of plea is set for December 14,
8
2026 at 9:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. The defendant is
9
ordered to be present. The time between September 24, 2026, and December 14, 2026, excluded under
10
18 U.S.C.§ 3161(h)(7)(A), B(iv).
11

12
IT IS SO ORDERED.
13
Dated: September 21, 2026
14 STANLEY A. BOONE
15 United States Magistrate Judge

20
21

26
27

STIPULATION REGARDING EXCLUDABLE TIME 3
30 PERIODS UNDER SPEEDY TRIAL ACT

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