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United States v. Marcus, 2:19-CR-0095 TLN. (2019)

Court: District Court, E.D. California Number: infdco20190710728 Visitors: 2
Filed: Jul. 09, 2019
Latest Update: Jul. 09, 2019
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER TROY L. NUNLEY , 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 July 11, 2019. 2. By this stipulation, defendant now moves to continue the status conference until September 26, 2019, at 9:30 a.m., and
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STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER

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 July 11, 2019.

2. By this stipulation, defendant now moves to continue the status conference until September 26, 2019, at 9:30 a.m., and to exclude time between July 11, 2019, and September 26, 2019, under Local Code T4.

3. The parties agree and stipulate, and request that the Court find the following:

a) The government has made over 11,000 pages of discovery available for inspection by the defense. b) The parties are discussing a protective order so that the government can produce copies of discovery to defense counsel. c) Counsel for defendant desires additional time to discuss the protective order and review the discovery. d) Counsel for defendant believes that failure to grant the above-requested continuance would deny him/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 July 11, 2019 to September 26, 2019, 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.

Dated: July 9, 2019. MCGREGOR W. SCOTT United States Attorney /s/MIRIAM R. HINMAN MIRIAM R. HINMAN Assistant United States Attorney Dated: July 9, 2019. /s/HANNAH LABAREE HANNAH LABAREE Counsel for Defendant Sherwana Lynn Marcus

FINDINGS AND ORDER

IT IS SO FOUND AND ORDERED.

Source:  Leagle

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