Filed: May 24, 2019
Latest Update: May 24, 2019
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [ PROPOSED ] FINDINGS AND ORDER WILLIAM B. SHUBB , District Judge . STIPULATION 1. By previous order, this matter was set for status on June 10, 2019, and continued to June 17, 2019 by the Court on May 21, 2019. 2. By this stipulation, defendants now move to continue the status conference until July 8, 2019 at 9:00 a.m., and to exclude time between June 10, 2019, and July 8, 2019, under Local Code T4. 3. The partie
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [ PROPOSED ] FINDINGS AND ORDER WILLIAM B. SHUBB , District Judge . STIPULATION 1. By previous order, this matter was set for status on June 10, 2019, and continued to June 17, 2019 by the Court on May 21, 2019. 2. By this stipulation, defendants now move to continue the status conference until July 8, 2019 at 9:00 a.m., and to exclude time between June 10, 2019, and July 8, 2019, under Local Code T4. 3. The parties..
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STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER
WILLIAM B. SHUBB, District Judge.
STIPULATION
1. By previous order, this matter was set for status on June 10, 2019, and continued to June 17, 2019 by the Court on May 21, 2019.
2. By this stipulation, defendants now move to continue the status conference until July 8, 2019 at 9:00 a.m., and to exclude time between June 10, 2019, and July 8, 2019, 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 over 17,174 pages, several Excel spreadsheets, and several video recordings. All of this discovery has been produced directly to counsel.
b. Defense counsel desires additional time to review the discovery, conduct research into the case, to discuss the case with their clients, and otherwise prepare for trial in this matter.
c. Counsel for defendants believe that failure to grant the above-requested continuance would deny them the reasonable time for effective preparation, taking into account the exercise of due diligence.
d. The government does not object to a 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 purposes of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et. seq., within which a trial must commence, the time period of June 10, 2019 to July 8, 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 defendants' 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: May 21, 2019. McGREGOR W. SCOTT
United States Attorney
/s/ Amy Schuller Hitchcock
AMY SCHULLER HITCHCOCK
Assistant United States Attorney
Dated: May 21, 2019. LAW OFFICES OF DAVID D. FISCHER, APC
By /s/ David D. Fischer
DAVID D. FISCHER
Attorney for Defendant
DENAE A. BELAND
Dated: May 21, 2019. /s/ David W. Dratman
DAVID W. DRATMAN
Attorney for Defendant
BRIAN D. BELAND
FINDINGS AND ORDER
IT IS SO FOUND AND ORDERED.