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U.S. v. LUIS-FLORES, 2:17-CR-00095-TLN. (2017)

Court: District Court, E.D. California Number: infdco20170727996 Visitors: 11
Filed: Jul. 25, 2017
Latest Update: Jul. 25, 2017
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER TROY L. NUNLEY , District Judge . STIPULATION 1. By previous order, this matter was set for status on July 27, 2017. 2. By this stipulation, defendants now move to continue the status conference until September 7, 2017, at 9:30 a.m., and to exclude time between July 27, 2017, and September 7, 2017, under Local Code T4. 3. The parties agree and stipulate, and request that the Court find the following:
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STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER

STIPULATION

1. By previous order, this matter was set for status on July 27, 2017.

2. By this stipulation, defendants now move to continue the status conference until September 7, 2017, at 9:30 a.m., and to exclude time between July 27, 2017, and September 7, 2017, 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, among other things, a considerable number of investigative reports. The government has produced about one hundred pages of these reports thus far. This week the government expects to produce several hundred additional pages (which required careful redactions) as well as many audio recordings and other items of surveillance. This material will take up several DVDs. b) Counsel for defendants desire additional time to consult with his/her client, to review the current charges, to conduct investigation and research related to the charges, to review discovery for this matter, to discuss potential resolutions with his/her client, to prepare pretrial motions, and to otherwise prepare for trial. c) Counsel for defendants believe 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 July 27, 2017 to September 7, 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 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.

FINDINGS AND ORDER

IT IS SO FOUND AND ORDERED.

Source:  Leagle

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