Filed: Nov. 04, 2016
Latest Update: Nov. 04, 2016
Summary: STIPULATION ERICA P. GROSJEAN , Magistrate Judge . Plaintiff United States of America, by and through its counsel of record, and defendant Michael Brian Taylor, by and through defendant's counsel of record, Erin Snider, hereby stipulate as follows: 1. Defendant Michael Brian Taylor made his initial appearance on the above-captioned matter on October 6, 2016 in the Eastern District of California, Fresno Courthouse. At that time, he waived indictment and was arraigned on the previously filed
Summary: STIPULATION ERICA P. GROSJEAN , Magistrate Judge . Plaintiff United States of America, by and through its counsel of record, and defendant Michael Brian Taylor, by and through defendant's counsel of record, Erin Snider, hereby stipulate as follows: 1. Defendant Michael Brian Taylor made his initial appearance on the above-captioned matter on October 6, 2016 in the Eastern District of California, Fresno Courthouse. At that time, he waived indictment and was arraigned on the previously filed ..
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STIPULATION
ERICA P. GROSJEAN, Magistrate Judge.
Plaintiff United States of America, by and through its counsel of record, and defendant Michael Brian Taylor, by and through defendant's counsel of record, Erin Snider, hereby stipulate as follows:
1. Defendant Michael Brian Taylor made his initial appearance on the above-captioned matter on October 6, 2016 in the Eastern District of California, Fresno Courthouse. At that time, he waived indictment and was arraigned on the previously filed information (Dkt. at 1).
2. At his October 6, 2016 arraignment, this matter was set for a status conference on November 7, 2016 at 2:00 p.m. before the Honorable Erica P. Grosjean. Time was excluded through and including November 7, 2016.
3. By this stipulation, defendant now moves to continue the status conference until December 5, 2016, at 2:00 p.m. and to exclude time between November 7, 2016, and December 5, 2016, inclusive, under the Speedy Trial Act, 18 U.S.C.§ 3161(h)(7)(A), B(iv).
4. 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 over eighty pages of reports and photographs, as well as several bank surveillance videos. 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 review the current charges, to review the discovery, to conduct research and investigation related to the charges and potential pretrial motions, and to consult with his client.
c) Counsel has various conflicts in other cases between now and the proposed December 5, 2016 status conference that would not reasonably permit her to try this case any time between now and December 5, 2016.
d) 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.
e) The government does not object to the continuance.
f) 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.
g) 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 7, 2016 to December 5, 2016, 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.
5. 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
Pursuant to the parties' stipulation and good cause shown, IT IS HEREBY ORDERED that the status conference, currently set for November 7, 2016, is hereby vacated and continued to December 5, 2016, at 2:00 p.m. It is further ORDERED that the time period between November 7, 2016, and December 5, 2016, is excluded from the calculation under the Speedy Trial Act pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) for the reasons stated in the parties' stipulation.
IT IS SO ORDERED.
