UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION

UNITED STATES OF AMERICA, 

 Plaintiff, 

 v. Case No.: 14-20804 

 Hon. John Corbett O’Meara 

KAI XU, 

 Defendant. 

 / 

STIPULATION AND ORDER TO 

ADJOURN TRIAL DATE 

 IT IS STIPULATED AND AGREED, by the above parties, through their 

respective counsel, that there is good cause to adjourn the trial in this matter from 

April 13, 2015 to June 16, 2015. 

IT IS FURTHER STIPULATED AND AGREED that the time period 

from April 13, 2015 to June 16, 2015 shall be deemed excludable delay under the 

provisions of the Speedy Trial Act, 18 U.S.C. § 3161, in consideration of other 

proceedings concerning the defendant under Section 3161(h)(1), specifically, that 

the parties are actively engaged in plea negotiations, and Section 3161(h)(7)(A), 

that the ends of justice served by continuing the plea cut-off date and trial 

outweigh the best interests of the public and defendant in a speedy trial. 

IT IS FURTHER STIPULATED AND AGREED that an ends of justice 

continuance is appropriate because the parties are actively engaged in plea 

negotiations. A continuance of the plea cut-off date and trial is necessary to allow 

defense counsel and the government additional time for the facilitation of plea 

negotiations, which, under the Speedy Trial Act, are “other proceedings concerning 

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the defendant,” 18 U.S.C. § 3161(h)(1); see United States v. Dunbar, 357 F.3d 582, 

593 (6th Cir. 2004); United States v. Bowers, 834 F.2d 607, 609-610 (6th Cir. 

1987). Furthermore, the ends of justice served by continuing the trial outweigh the 

best interests of the public and defendant in a speedy trial. 

 The parties stipulate and agree that the stipulation and any order resulting 

therefore shall not affect any previous order of pretrial detention or pretrial release. 

Accordingly, the parties request that under the Speedy Trial Act, 18 U.S.C. §§ 

3161(h)(1) and (h)(7)(A), the period of delay, as a result of this continuance, shall 

be excluded in computing the time within which the trial must commence. 

s/Sara D. Woodward 

Assistant U.S. Attorney 

211 W. Fort Street, Suite 2001 

Detroit, MI 48226 

(313) 226-9180 

sara.woodward@usdoj.gov 

 

s/ David Cripps 

Attorney for Defendant 

431 Gratiot Avenue 

Detroit, MI 48226 

(313) 963-0210 

David.cripps@sbcglobal.net 

 

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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION

UNITED STATES OF AMERICA, 

 Plaintiff, 

 v. Case No.: 14-20804 

 Hon. John Corbett O’Meara 

KAI XU, 

 Defendant. 

 / 

ORDER ADJOURNING TRIAL DATE

 This matter coming before the Court on the stipulation of the parties; 

 IT IS HEREBY ORDERED that good cause exists to adjourn trial from 

April 27, 2015 to June 16, 2015; 

IT IS FURTHER ORDERED that the period from April 27, 2015 to June 

16, 2015 shall be excluded from computing the time within which a trial must 

begin as “delay resulting from other proceedings concerning the defendant,” 18 

U.S.C. § 3161(h)(1), and because the ends of justice served by this delay outweigh 

the best interest of the public and the defendant in a speedy trial, 18 U.S.C. § 

3161(h)(7). 

IT IS FURTHER ORDERED that a continuance of the trial date is 

necessary to allow defense counsel and the government additional time for the 

facilitation of plea negotiations which, under the Speedy Trial Act, are Aother 

proceedings concerning the defendant,@ 18 U.S.C. ' 3161(h)(1); see United 

States v. Dunbar, 357 F.3d 582, 593 (6th Cir. 2004), vacated on other grounds 

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(Booker), 543 U.S. 1099 (2005); United States v. Bowers, 834 F.2d 607, 609-10 

(6th Cir. 1987) (per curiam). Furthermore, the ends of justice served by 

continuing the trial date outweigh the best interests of the public and Defendant 

in a speedy trial. 

This order shall not affect any previous order of pretrial detention or pretrial 

release. Accordingly, the Court shall find that, under the Speedy Trial Act, Title 

18, United States Code, Sections 3161(h)(1) and (h)(7)(A), the period of delay, as a 

result of the continuance, shall be excluded in computing the time within which 

trial must be held. 

Date: April 20, 2015 s/John Corbett O’Meara 

 United States District Judge

 

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