Filed: Sep. 09, 2016
Latest Update: Sep. 09, 2016
Summary: STIPULATION AND [PROPOSED] ORDER RE-SETTING TRIAL DATE AND EXCLUDING TIME GARLAND E. BURRELL, Jr. , Senior District Judge . IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Matthew Morris, Assistant United States Attorney, attorney for plaintiff, together with Kelly Babineau, attorney for defendant Kristin Caldwell; Olaf Hedberg, attorney for defendant William L. Brown and Kyle Knapp, attorney for defendant Xavier Johnson that the previously-sche
Summary: STIPULATION AND [PROPOSED] ORDER RE-SETTING TRIAL DATE AND EXCLUDING TIME GARLAND E. BURRELL, Jr. , Senior District Judge . IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Matthew Morris, Assistant United States Attorney, attorney for plaintiff, together with Kelly Babineau, attorney for defendant Kristin Caldwell; Olaf Hedberg, attorney for defendant William L. Brown and Kyle Knapp, attorney for defendant Xavier Johnson that the previously-sched..
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STIPULATION AND [PROPOSED] ORDER RE-SETTING TRIAL DATE AND EXCLUDING TIME
GARLAND E. BURRELL, Jr., Senior District Judge.
IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Matthew Morris, Assistant United States Attorney, attorney for plaintiff, together with Kelly Babineau, attorney for defendant Kristin Caldwell; Olaf Hedberg, attorney for defendant William L. Brown and Kyle Knapp, attorney for defendant Xavier Johnson that the previously-scheduled status conference, currently set for September 9, 2016, be vacated and that the matter be set for jury trial on May 23, 2017, with a trial confirmation conference set for March 31, 2017 at 9:00am.
Counsel have conferred and this date appears to accommodate all counsel's trial calendars and afford counsel ample time to prepare for trial. The trial estimate is believed to be between six and eight court days.
IT IS FURTHER STIPULATED that the ends of justice served by the granting of such a continuance outweigh the best interests of the public and the defendant in a speedy trial and that time within which the trial of this case must be commenced under the Speedy Trial Act should therefore be excluded under 18 U.S.C. Section 3161(h)(7)(B)(iv), corresponding to Local Code T-4 (to allow defense counsel time to prepare) from the date of the parties' stipulation, September 8, 2016, up to and including May 23, 2016.
IT IS SO STIPULATED.
ORDER
The Stipulation of the parties is hereby accepted and the requested continuance is GRANTED. This matter shall be dropped from this court's September 9, 2016 criminal calendar and re-set for trial in this department to commence on May 23, 2017 at 9:00am. A trial confirmation hearing is hereby set for March 31, 2017 at 9:00 a.m.
Based on the representations of the parties the court finds that the ends of justice served by granting this continuance outweigh the interests of the public and the defendant in a speedy trial. Time is excluded from the time of the filing of this stipulation on September 8, 2016, through and including May 23, 2017.
IT IS SO ORDERED.
