Filed: May 20, 2019
Latest Update: May 20, 2019
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER JOHN A. MENDEZ , District Judge . STIPULATION Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows: 1. By previous order, this matter was set for status on May 21, 2019. 2. By this stipulation, defendant now moves to continue the status conference until July 16, 2019 at 9:15 a.m., and to excl
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER JOHN A. MENDEZ , District Judge . STIPULATION Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows: 1. By previous order, this matter was set for status on May 21, 2019. 2. By this stipulation, defendant now moves to continue the status conference until July 16, 2019 at 9:15 a.m., and to exclu..
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STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER
JOHN A. MENDEZ, District Judge.
STIPULATION
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows:
1. By previous order, this matter was set for status on May 21, 2019.
2. By this stipulation, defendant now moves to continue the status conference until July 16, 2019 at 9:15 a.m., and to exclude time between May 21, 2019, and July 16, 2019, under Local Code T4.
3. The parties agree and stipulate, and request that the Court find the following:
a) The government has represented that the discovery associated with this case includes approximately 94 pages of written discovery consisting of investigative reports, criminal history information, and other documents, as well as the contents of two seized cellular telephones that each contain hundreds of photograph, video, and other files. All of this discovery has been either produced directly to counsel and/or made available for inspection and copying.
b) Counsel for defendant desires additional time to conduct factual investigation related to the charges in this case and to review the discovery.
c) Counsel for defendant believes that failure to grant the above-requested continuance would deny her the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
d) The government does not object to the continuance.
e) 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.
f) 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 May 21, 2019 to July 16, 2019, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) [Local Code T4] 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.
Dated: May 17, 2019. MCGREGOR W. SCOTT
United States Attorney
/s/DAVID W. SPENCER
DAVID W. SPENCER
Assistant United States Attorney
Dated: May 17, 2019. /s/HANNAH R. LABAREE
HANNAH R. LABAREE
Counsel for Defendant
JOSEPH FLOWERS
FINDINGS AND ORDER
IT IS SO FOUND AND ORDERED.
