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U.S. v. Godfrey, 2:07-cr-00022-MCE-1. (2018)

Court: District Court, E.D. California Number: infdco20180625661 Visitors: 13
Filed: Jun. 22, 2018
Latest Update: Jun. 22, 2018
Summary: AMENDED STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; ORDER MORRISON C. ENGLAND, JR. , District Judge . Defendant Derek Godfrey, by and through Linda M. Parisi, his counsel of record, and plaintiff, by and through its counsel, Matthew G. Morris, hereby stipulate as follows: 1. By previous judges' order, this matter was set for Judgment and Sentencing on August 2, 2018. 2. By this stipulation, the defendant now moves to continue the Judgement & Sentencing until Sept
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AMENDED STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; ORDER

Defendant Derek Godfrey, by and through Linda M. Parisi, his counsel of record, and plaintiff, by and through its counsel, Matthew G. Morris, hereby stipulate as follows:

1. By previous judges' order, this matter was set for Judgment and Sentencing on August 2, 2018.

2. By this stipulation, the defendant now moves to continue the Judgement & Sentencing until September 6, 2018, at 10:00 a.m. and to exclude time between August 2, 2018 and September 6, 2018 under Local Code T4. The United States does not oppose this request.

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

a. The Probation department needs additional time to prepare report for Mr. Godfrey.

b. Counsel for defendant Mr. Godfrey believe that failure to grant the above-requested continuance would deny them the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

c. The United States Attorney agrees to the continuance.

d. All counsel agrees to the continuance.

e. 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 August 2, 2018 and September 6, 2018, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) [Local CodeT4] 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.

AMENDED SCHEDULE FOR DISCLOSURE OF PRE—SENTENCE REPORT AND FOR FILING OF OBJECTIONS TO THE PRE—SENTENCE REPORT

The Probation Officer and all parties shall adhere to this schedule unless it is later modified by this Court.

Date of referral to Probation Officer: 3/15/2018 Judgment and sentencing date: 9/6/2018 Reply or statement of non—opposition: 8/30/2018 Motion for correction of the Pre—Sentence 8/23/2018 Report shall be filed with the court and served on the Probation Officer and opposing counsel no later than: The Pre—Sentence Report shall be filed with 8/16/2018 the court and disclosed to counsel no later than: Counsel's written objections to the Pre— 8/9/2018 Sentence Report shall be delivered to the Probation Officer and opposing counsel no later than: The Proposed Pre—Sentence Report shall be 6/28/2018 disclosed to counsel no later than:

Based on the reasons set forth in the stipulation of the parties filed on June 19, 2018, and good cause appearing therefrom, the Court adopts the stipulation of the parties in its entirety. It is hereby ordered that the Judgment and Sentencing currently set for August 2, 2018, is vacated and continued to September 6, 2018, at 10:00 a.m. The amended schedule for disclosure of pre-sentence report and for filing of objections is as follows:

Date of referral to Probation Officer: 3/15/2018 Judgment and sentencing date: 9/6/2018 Reply or statement of non—opposition: 8/30/2018 Motion for correction of the Pre—Sentence 8/23/2018 Report shall be filed with the court and served on the Probation Officer and opposing counsel no later than: The Pre—Sentence Report shall be filed with 8/16/2018 the court and disclosed to counsel no later than: Counsel's written objections to the Pre— 8/9/2018 Sentence Report shall be delivered to the Probation Officer and opposing counsel no later than: The Proposed Pre—Sentence Report shall be 6/28/2018 disclosed to counsel no later than:

IT IS SO ORDERED.

Source:  Leagle

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