Filed: Dec. 01, 2014
Latest Update: Dec. 01, 2014
Summary: STIPULATION TO CONTINUE COURT APPEARANCE AND EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT FROM DECEMBER 9, 2014, TO JANUARY 13, 2015; [PROPOSED] ORDER RICHARD SEEBORG, District Judge. The United States, by and through its counsel, Assistant U.S. Attorney Hartley M. K. West, and defendant Jeffrey Neely, by and through his counsel Martin Raskin, hereby respectfully request that the initial appearance currently scheduled for December 9, 2014, before this Court be continued to January 13, 2015, a
Summary: STIPULATION TO CONTINUE COURT APPEARANCE AND EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT FROM DECEMBER 9, 2014, TO JANUARY 13, 2015; [PROPOSED] ORDER RICHARD SEEBORG, District Judge. The United States, by and through its counsel, Assistant U.S. Attorney Hartley M. K. West, and defendant Jeffrey Neely, by and through his counsel Martin Raskin, hereby respectfully request that the initial appearance currently scheduled for December 9, 2014, before this Court be continued to January 13, 2015, an..
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STIPULATION TO CONTINUE COURT APPEARANCE AND EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT FROM DECEMBER 9, 2014, TO JANUARY 13, 2015; [PROPOSED] ORDER
RICHARD SEEBORG, District Judge.
The United States, by and through its counsel, Assistant U.S. Attorney Hartley M. K. West, and defendant Jeffrey Neely, by and through his counsel Martin Raskin, hereby respectfully request that the initial appearance currently scheduled for December 9, 2014, before this Court be continued to January 13, 2015, and that time be excluded for continuity of defense counsel.
Defense counsel is currently in a trial that is lasting longer than expected. Counsel's trial is now anticipated to end the week of December 15-19, 2014. Immediately after it concludes, counsel will be leaving for a family vacation, returning January 7, 2015. Accordingly, the parties stipulate to continuing the scheduled appearance to the Court's first available date after defense counsel returns, or January 13, 2015. The parties further stipulate that it is appropriate to exclude time under the Speedy Trial Act for continuity of defense counsel, and for effective preparation in light of counsel's need to review extensive discovery produced by the government. 18 U.S.C. § 3161(h)(7)(B)(iv).
IT IS SO STIPULATED.
[PROPOSED] ORDER
Pursuant to the parties' stipulation, IT IS HEREBY ORDERED that the initial appearance currently scheduled before this Court on December 9, 2014, shall be continued to January 13, 2015. Based upon the representation of counsel and for good cause shown, the Court finds that failing to exclude the time between December 9, 2014, and January 13, 2015, would unreasonably deny defendant continuity of counsel and would unreasonably defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). The Court further finds that the ends of justice served by excluding the time between December 9, 2014, and January 13, 2015, from computation under the Speedy Trial Act outweigh the best interests of the public and the defendant in a speedy trial.
Therefore, IT IS HEREBY ORDERED that the time between December 9, 2014, and January 13, 2015, shall be excluded from computation under the Speedy Trial Act. 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
IT IS SO ORDERED.
