Filed: Apr. 24, 2014
Latest Update: Apr. 24, 2014
Summary: AMENDED STIPULATION AND ORDER FOR CONTINUANCE OF STATUS CONFERENCE BARBARA A. McAULIFFE, Magistrate Judge. TO: THE HONORABLE JUDGE BARBARA A. McAULIFFE, AND TO UNITED STATES ATTORNEY BENJAMIN WAGNER AND HIS REPRESENTATIVE, ASSISTANT UNITED STATES ATTORNEY DAVID L. GAPPA: Plaintiff, United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows: 1. By previous order, this matter was set for a Status Conferen
Summary: AMENDED STIPULATION AND ORDER FOR CONTINUANCE OF STATUS CONFERENCE BARBARA A. McAULIFFE, Magistrate Judge. TO: THE HONORABLE JUDGE BARBARA A. McAULIFFE, AND TO UNITED STATES ATTORNEY BENJAMIN WAGNER AND HIS REPRESENTATIVE, ASSISTANT UNITED STATES ATTORNEY DAVID L. GAPPA: Plaintiff, United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows: 1. By previous order, this matter was set for a Status Conferenc..
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AMENDED STIPULATION AND ORDER FOR CONTINUANCE OF STATUS CONFERENCE
BARBARA A. McAULIFFE, Magistrate Judge.
TO: THE HONORABLE JUDGE BARBARA A. McAULIFFE, AND TO UNITED STATES ATTORNEY BENJAMIN WAGNER AND HIS REPRESENTATIVE, ASSISTANT UNITED STATES ATTORNEY DAVID L. GAPPA:
Plaintiff, United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows:
1. By previous order, this matter was set for a Status Conference on April 28, 2014, at 1:00 p.m.
2. By this stipulation, defendant now moves to continue the Status Conference until May 27, 2014, at 1:00 p.m. and to exclude time between April 28, 2014, and May 27, 2014, under 18 U.S.C.§ 3161(h)(7)(A), B(iv). Plaintiff does not oppose this request.
3. The parties agree and stipulate, and request that the Court find the following:
a. Additional time is needed for investigations and review of an enormous amount of discovery.
b. The government does not object to the continuance.
c. 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.
d. 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 21, 2013, to May 27, 2014, 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.
Respectfully submitted,
DATED: April 24, 2014 By: /s/David Gappa
_________________________________________
DAVID L. GAPPA
Assistant United States Attorney
ORDER
For reasons set forth above, the continuance requested by the parties is granted for good cause and time is excluded under the Speedy Trial Act from April 28, 2014, to, and including, May 27, 2014, based upon the Court's finding that the ends of justice outweigh the public's and defendant's interest in a speedy trial. 18 U.S.C. §3161(h)(7)(A).
IT IS ORDERED that the 5th Status Conference currently scheduled for April 28, 2014, at 1:00 p.m. is continued to May 27, 2014, at 1:00 p.m. before Judge McAuliffe.
IT IS SO ORDERED.
