Filed: Sep. 21, 2018
Latest Update: Sep. 21, 2018
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE MOTION HEARING DATE AND MOTION BRIEFING SCHEDULE GARLAND E. BURRELL, JR. , Senior District Judge . Defendant, Rudy Tafoya, through his undersigned counsel, and the United States, through its undersigned counsel, hereby stipulate and request that the motion hearing currently set for Friday, September 21, 2018 at 9:00 am be vacated and reset to Friday, October 19, 2018 at 9:00 a.m. for status conference. The parties further stipulate that the fail
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE MOTION HEARING DATE AND MOTION BRIEFING SCHEDULE GARLAND E. BURRELL, JR. , Senior District Judge . Defendant, Rudy Tafoya, through his undersigned counsel, and the United States, through its undersigned counsel, hereby stipulate and request that the motion hearing currently set for Friday, September 21, 2018 at 9:00 am be vacated and reset to Friday, October 19, 2018 at 9:00 a.m. for status conference. The parties further stipulate that the failu..
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE MOTION HEARING DATE AND MOTION BRIEFING SCHEDULE
GARLAND E. BURRELL, JR., Senior District Judge.
Defendant, Rudy Tafoya, through his undersigned counsel, and the United States, through its undersigned counsel, hereby stipulate and request that the motion hearing currently set for Friday, September 21, 2018 at 9:00 am be vacated and reset to Friday, October 19, 2018 at 9:00 a.m. for status conference.
The parties further stipulate that the failure to grant a continuance in this matter would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence; that the ends of justice served by granting this continuance outweigh the best interest of the public and the defendant in a speedy trial; and that time should be excluded from the computation of time within which trial must commence under the Speedy Trial Act from September 21, 2018, up to and including October 19, 2018, pursuant to 18 U.S.C. § 3161 (h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare, and pursuant to 18 U.S.C. § 3161(h)(1)(D) and Local Code E upon the filing of the motion.
ORDER
IT IS SO ORDERED. The motion hearing currently set for Friday, September 21, 2018 at 9:00 a.m. be vacated and reset to Friday, October 19, 2018 at 9:00 a.m. for status conference.
Based upon the stipulation of the parties, the Court FINDS that the failure to grant such a continuance would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Accordingly, the time within which the trial of this case must be commenced under the Speedy Trial Act is excluded from September 21, 2018, up to and including the date of the new status conference, October 19, 2018, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T4 and 18 U.S.C. § 3161(h)(1)(D) and Local Code E upon the filing of motions. The Court FINDS that the ends of justice served by granting this continuance outweigh the best interest of the public and defendant in a speedy trial within the meaning of 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4.
IT IS SO ORDERED.
