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U.S. v. McCoy, 2:19-CR-00043-MCE. (2019)

Court: District Court, E.D. California Number: infdco20190402a36 Visitors: 7
Filed: Mar. 29, 2019
Latest Update: Mar. 29, 2019
Summary: STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE MORRISON C. ENGLAND, JR. , District Judge . STIPULATION 1. By previous order this case was set for status conference on March 28, 2019. 2. By this stipulation, the defendants ask to move the status conference until May 9, 2019 and to exclude time between March 28, 2019 and May 9, 2019 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 disco
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STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE

STIPULATION

1. By previous order this case was set for status conference on March 28, 2019.

2. By this stipulation, the defendants ask to move the status conference until May 9, 2019 and to exclude time between March 28, 2019 and May 9, 2019 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 will be produced directly to counsel and/or made available for inspection and copying no later than April 5, 2019.

(b) Counsel for defendants desire time to consult with their clients, review the discovery, conduct investigation and otherwise prepare for trial.

(c) Counsel for defendants believe 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.

(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 defendants 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 March 28, 2019 to May 9, 2019, 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 defendants in a speedy trial.

ORDER

GOOD CAUSE APPEARING upon the stipulation of the parties it is ordered:

The status conference of March 28, 2019 is vacated. The status conference will be reset for May 9, 2019. The Court finds excludable time through May 9, 2019 under Title 18, United States Code Section 3161(h)(7)(B)(iv) and Local Code T4 to allow for preparation of counsel. The Court finds that the interests of justice are best served by granting the request and outweigh the interests of the public and the defendant in a speedy trial. (18 U.S.C. § 3161(h)(7)(A), (h)(7)(B)(iv).)

IT IS SO ORDERED.

Source:  Leagle

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