Filed: Dec. 04, 2015
Latest Update: Dec. 04, 2015
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER DATE: September 15, 2015 TIME: 9:30 a.m. COURT: JOHN A. MENDEZ , District Judge . STIPULATION 1. By previous order, this matter was set for status on September 15, 2015. 2. By this stipulation, which was agreed to on or about September 14, 2015, defendant now moves to continue the status conference until January 26, 2016 at 9:15 a.m., and to exclude time between September 15, 2015, and January 26, 201
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER DATE: September 15, 2015 TIME: 9:30 a.m. COURT: JOHN A. MENDEZ , District Judge . STIPULATION 1. By previous order, this matter was set for status on September 15, 2015. 2. By this stipulation, which was agreed to on or about September 14, 2015, defendant now moves to continue the status conference until January 26, 2016 at 9:15 a.m., and to exclude time between September 15, 2015, and January 26, 2016..
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STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER DATE: September 15, 2015 TIME: 9:30 a.m. COURT:
JOHN A. MENDEZ, District Judge.
STIPULATION
1. By previous order, this matter was set for status on September 15, 2015.
2. By this stipulation, which was agreed to on or about September 14, 2015, defendant now moves to continue the status conference until January 26, 2016 at 9:15 a.m., and to exclude time between September 15, 2015, and January 26, 2016 at 9:15 a.m., 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 hundreds of pages of written reports, three data-intensive wiretap discs, and dozens of images. All of this discovery has been either produced directly to counsel and/or made available for inspection and copying.
b) Counsel for the defendant desires additional time to consult with his client, review the evidence in discovery, and weigh the possibility of settlement.
c) Counsel for the defendant believes 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 September 15, 2015 to January 26, 2016 at 9:15 a.m., inclusive, is deemed excludable pursuant to excluded under 18 U.S.C. sections 3161(h)(7)(A) and (B)(iv), corresponding to Local Code T4 (reasonable time for defense counsel to prepare), 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.
