Filed: Nov. 01, 2018
Latest Update: Nov. 01, 2018
Summary: STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE AND EXCUDE TIME UNDER THE SPEEDY TRIAL ACT 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 November 6, 2018. 2. By this stipulation, defendant now moves to continue the status conference until December 4, 2018 at 9:15 a.m.
Summary: STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE AND EXCUDE TIME UNDER THE SPEEDY TRIAL ACT 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 November 6, 2018. 2. By this stipulation, defendant now moves to continue the status conference until December 4, 2018 at 9:15 a.m.,..
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STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE AND EXCUDE TIME UNDER THE SPEEDY TRIAL ACT
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 November 6, 2018.
2. By this stipulation, defendant now moves to continue the status conference until December 4, 2018 at 9:15 a.m., and to exclude time between November 6, 2018, and December 4, 2018, 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 442 pages of documents, including documents related to the defendant's prior immigration proceedings and previous criminal cases. 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 investigation and research related to the charges in light of recent case law affecting immigration proceedings, to review discovery in this matter in light of the recent case law, to consult with her client, to discuss potential resolutions with her client, and to otherwise prepare for trial.
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 November 6, 2018 to December 4, 2018, 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.
FINDINGS AND ORDER
IT IS SO FOUND AND ORDERED.
