Filed: Aug. 06, 2018
Latest Update: Aug. 06, 2018
Summary: STIPULATION AND ORDER CONTINUING STATUS CONFERENCE JOHN A. MENDEZ , District Judge . IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Audrey Hemesath, Assistant United States Attorney, attorney for Plaintiff, and Rachelle Barbour, attorney for Defendant, Michael Anaya-Otero, that the status conference set for August 7, 2018 be continued to September 25, 2018 at 9:15 a.m. The reason for this continuance is that defense counsel must continue to revi
Summary: STIPULATION AND ORDER CONTINUING STATUS CONFERENCE JOHN A. MENDEZ , District Judge . IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Audrey Hemesath, Assistant United States Attorney, attorney for Plaintiff, and Rachelle Barbour, attorney for Defendant, Michael Anaya-Otero, that the status conference set for August 7, 2018 be continued to September 25, 2018 at 9:15 a.m. The reason for this continuance is that defense counsel must continue to revie..
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STIPULATION AND ORDER CONTINUING STATUS CONFERENCE
JOHN A. MENDEZ, District Judge.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Audrey Hemesath, Assistant United States Attorney, attorney for Plaintiff, and Rachelle Barbour, attorney for Defendant, Michael Anaya-Otero, that the status conference set for August 7, 2018 be continued to September 25, 2018 at 9:15 a.m.
The reason for this continuance is that defense counsel must continue to review multiple forensic images at the government agent's office, conduct investigation, and obtain mitigation evidence. Further, the parties are meeting to discuss a resolution and reduce it to a plea agreement.
The parties stipulate that the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendant in a speedy trial. Speedy trial time is to be excluded from the date of this order through the date of the status conference set for September 25, 2018, pursuant to 18 U.S.C. § 3161 (h)(7)(B)(iv) [reasonable time to prepare] (Local Code T4).
ORDER
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. The Court specifically finds that the failure to grant a continuance in this case would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and defendant in a speedy trial.
The Court orders that the time from the date of the parties' stipulation, up to and including September 25, 2018, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) T4 (reasonable time for counsel to prepare). It is further ordered that the August 7, 2018 status conference shall be continued until September 25, 2018, at 9:15 a.m.
