Filed: Dec. 11, 2014
Latest Update: Dec. 11, 2014
Summary: STIPULATION AND FINDINGS IN SUPPORT OF PROPOSED ORDER VACATATING THE CURENTLY SET STATUS CONFRENCE DATE OF DECEMBER 11, 2014 AND RESETTING THAT DATE TO February 26, 2014 MORRISON C. ENGLAND, Jr., Chief District Judge. STATEMENT OF FACTS By previous order, this matter was set for status on December 11, 2014. 2. By this stipulation, defendants now move to continue the status conference until February 26, 2015, and to exclude time between December 11, 2014, and February 26, 2015, under Local Co
Summary: STIPULATION AND FINDINGS IN SUPPORT OF PROPOSED ORDER VACATATING THE CURENTLY SET STATUS CONFRENCE DATE OF DECEMBER 11, 2014 AND RESETTING THAT DATE TO February 26, 2014 MORRISON C. ENGLAND, Jr., Chief District Judge. STATEMENT OF FACTS By previous order, this matter was set for status on December 11, 2014. 2. By this stipulation, defendants now move to continue the status conference until February 26, 2015, and to exclude time between December 11, 2014, and February 26, 2015, under Local Cod..
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STIPULATION AND FINDINGS IN SUPPORT OF PROPOSED ORDER VACATATING THE CURENTLY SET STATUS CONFRENCE DATE OF DECEMBER 11, 2014 AND RESETTING THAT DATE TO February 26, 2014
MORRISON C. ENGLAND, Jr., Chief District Judge.
STATEMENT OF FACTS
By previous order, this matter was set for status on December 11, 2014.
2. By this stipulation, defendants now move to continue the status conference until February 26, 2015, and to exclude time between December 11, 2014, and February 26, 2015, 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 business records from the California Employment Development, reports of witness interviews, and Grand Jury records. In addition, the related case includes a voluminous amount of business records and seized search warrant evidence that is relevant to this case. Discovery has been either produced directly to counsel or made available for inspection and copying. In addition because most of the persons involved in this who are potential witnesses will likely need the assistance of an interpreter in order to allow the attorneys to appropriately identified and interviewed. This process has a natural tendency to limit direct communication and requires extra care that the rights of such persons are scrupulously safeguarded while at the same time providing each lawyer with an opportunity adequately investigate the matter such witnesses may bring to the case.
b) Counsel for defendants desire additional time review the discovery and conduct additional investigation.
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 December 11, 2014 to February 26, 2015, 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: December 7, 2014 BENJAMIN B. WAGNER
United States Attorney
/s/JARED C. DOLAN
JARED C. DOLAN
Assistant United States Attorney
FINDINGS AND ORDER
IT IS SO ORDERED.
