Filed: May 11, 2017
Latest Update: May 11, 2017
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER DEBORAH BARNES , Magistrate 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 May 16, 2017. 2. By this stipulation, the defendant now moves to continue the status conference until June 20, 2017, and to exclude tim
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER DEBORAH BARNES , Magistrate 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 May 16, 2017. 2. By this stipulation, the defendant now moves to continue the status conference until June 20, 2017, and to exclude time..
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STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER
DEBORAH BARNES, Magistrate 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 May 16, 2017.
2. By this stipulation, the defendant now moves to continue the status conference until June 20, 2017, and to exclude time between May 16, 2017, and June 20, 2017, under Local Code T4.
3. The parties agree and stipulate, and request that the Court find the following:
a) The United States has referred this matter to Pretrial Services for consideration whether the defendant would be a good candidate for pretrial diversion. As part of pretrial diversion, the proceedings against the defendant would be deferred for a period of time and then dismissed should the defendant successfully comply with the terms of the diversion program. The parties are currently considering the terms of a diversion program and anticipate presenting a diversion package to the Court on June 20, 2017.
b) 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.
c) 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 May 16, 2017 to June 20, 2017, 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.
ORDER
Pursuant to the parties' stipulation (ECF No. 8) IT IS SO ORDERED.
