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U.S. v. Alcazar-Tapia, 2:14-CR-00238-GEB. (2014)

Court: District Court, E.D. California Number: infdco20141107711 Visitors: 13
Filed: Nov. 05, 2014
Latest Update: Nov. 05, 2014
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER GARLAND E. BURRELL, Jr., District Judge. STIPULATION 1. By previous order, this matter was set for status on November 14, 2014. 2. By this stipulation, the parties now move to continue the status conference until November 21, 2014, and to exclude time between November 14, 2014, and November 21, 2014, under Local Code T4. 3. The parties agree and stipulate, and request that the Court find the
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STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER

GARLAND E. BURRELL, Jr., District Judge.

STIPULATION

1. By previous order, this matter was set for status on November 14, 2014.

2. By this stipulation, the parties now move to continue the status conference until November 21, 2014, and to exclude time between November 14, 2014, and November 21, 2014, 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 179 pages of Bates stamped discovery and a DVD containing numerous photos and extensive data. This discovery has been either produced directly to counsel and/or made available for inspection and copying. b) Counsel for defendants desire additional time to review the current charges, to conduct investigation and research related to the charges, to review discovery for this matter, and to discuss potential resolutions with their clients. c) Counsel for defendants believe that failure to grant the above-requested continuance would deny counsel 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 November 14, 2014 to November 21, 2014, 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 defendants' 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.

[PROPOSED] FINDINGS AND ORDER

IT IS SO FOUND AND ORDERED.

Source:  Leagle

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