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U.S. v. Way, 1:14-cr-0101 AWI-BAM. (2015)

Court: District Court, E.D. California Number: infdco20150327b69 Visitors: 14
Filed: Mar. 26, 2015
Latest Update: Mar. 26, 2015
Summary: STIPULATION REGARDING CONTINUANCE AND EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER BARBARA A. McAULIFFE , Magistrate Judge . STIPULATION Plaintiff United States of America, by and through its counsel of record, and defendants, by and through their counsel of record, hereby stipulate as follows: 1. By previous order, this matter was set for a status conference on Monday, June 22, 2015, at 1:00 p.m. 2. By this stipulation, the parties move to continue the hearing dat
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STIPULATION REGARDING CONTINUANCE AND EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER

STIPULATION

Plaintiff United States of America, by and through its counsel of record, and defendants, by and through their counsel of record, hereby stipulate as follows:

1. By previous order, this matter was set for a status conference on Monday, June 22, 2015, at 1:00 p.m.

2. By this stipulation, the parties move to continue the hearing date until August 10, 2015, at 1:00 p.m. and to exclude time between June 22, 2015, and August 10, 2015.

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

a. The defense needs additional time for pretrial investigation of this designated complex case and to conduct plea negotiations. The government has provided plea offers to the defendants.

b. In addition, the Court is unavailable on June 22, 2015.

c. The parties believe that failure to grant the above-requested continuance would deny the defendants the reasonable time necessary for effective resolution and/or case preparation, taking into account the exercise of due diligence, and would deny continuity of counsel for the government.

d. Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.

e. For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of June 22, 2015, to August 10, 2015, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) because it results from a continuance granted by the Court at defendant's request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.

4. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.

IT IS SO STIPULATED.

ORDER

IT IS SO FOUND AND ORDERED that the 3rd Status Conference for all defendants is continued from June 22, 2015 to August 10, 2015 at 1:00 PM before Judge McAuliffe. Time is excluded pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv). The hearing on the government's motion for determination of conflict remains on calendar for May 14, 2015 at 10:30 a.m.

IT IS SO ORDERED.

Source:  Leagle

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