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United States v. Howard, 2:18-cr-100 JAM. (2019)

Court: District Court, E.D. California Number: infdco20190726b13 Visitors: 23
Filed: Jul. 25, 2019
Latest Update: Jul. 25, 2019
Summary: STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE JOHN A. MENDEZ , District Judge . IT IS HEREBY STIPULATED by and between McGregor W. Scott, United States Attorney, through Amy Schuller Hitchcock, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Lexi P. Negin, attorneys for Scott Howard, that the status conference scheduled for August 6, 2019 be vacated and be continued to October 15, 2019 at 9:15 a.m. M
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STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE

IT IS HEREBY STIPULATED by and between McGregor W. Scott, United States Attorney, through Amy Schuller Hitchcock, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Lexi P. Negin, attorneys for Scott Howard, that the status conference scheduled for August 6, 2019 be vacated and be continued to October 15, 2019 at 9:15 a.m.

More time is needed because the defendant has retained an expert to review the forensic evidence in this case, and this expert requires additional time to review and analyze this evidence and to produce a report. Once this report is provided, defense counsel will also need additional time to confer with the defendant and conduct additional investigation and research as needed.

Furthermore, the defense has requested certain additional discovery material, and the government has represented that discovery is forthcoming. Some of these requests may also require additional efforts to meet and confer. Once the forensic review is complete, and the additional discovery is provided, defense counsel will need to review and analyze this additional information, and investigate as needed.

Defense counsel believes that failure to grant the above-requested continuance would deny her the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The government does not object to this continuance.

Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded from the date the parties stipulated through and including October 15, 2019, pursuant to 18 U.S.C. §3161(h)(7)(A) and (B)(iv) [reasonable time to prepare and continuity of counsel] and General Order 479, Local Code T4 based upon continuity of counsel and defense preparation.

DATED: July 25, 2019 Respectfully submitted, HEATHER E. WILLIAMS Federal Defender /s/ Lexi P. Negin LEXI P. NEGIN Assistant Federal Defender Attorneys for SCOTT HOWARD DATED: July 25, 2019 McGREGOR W. SCOTT United States Attorney /s/ Amy Schuller Hitchcock AMY SCHULLER-HITCHCOCK Assistant United States Attorney Attorneys for Plaintiff

ORDER

IT IS HEREBY ORDERED, the Court, having received, read, and considered the parties' stipulation, and good cause appearing therefrom, adopts the parties' stipulation in its entirety as its order. The Court specifically finds the failure to grant a continuance in this case would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds the ends of justice are served by granting the requested continuance and outweigh the best interests of the public and defendant in a speedy trial.

The Court orders the time from the date the parties stipulated, up to and including October 15, 2019, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and(B)(iv) [reasonable time for counsel to prepare and continuity of counsel] and General Order 479, (Local Code T4). It is further ordered the August 6, 2019 status conference shall be continued until October 15, 2019, at 9:15 a.m.

Source:  Leagle

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