Filed: Dec. 05, 2014
Latest Update: Dec. 05, 2014
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER TROY L. NUNLEY, District Judge. STIPULATION Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows: 1. By previous order, this matter was set for status on December 11, 2014. 2. By this stipulation, defendant now moves to continue the status conference until February 5, 2015, at 9:30 a.m., and to
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER TROY L. NUNLEY, District Judge. STIPULATION Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows: 1. By previous order, this matter was set for status on December 11, 2014. 2. By this stipulation, defendant now moves to continue the status conference until February 5, 2015, at 9:30 a.m., and to e..
More
STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER
TROY L. NUNLEY, District Judge.
STIPULATION
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows:
1. By previous order, this matter was set for status on December 11, 2014.
2. By this stipulation, defendant now moves to continue the status conference until February 5, 2015, at 9:30 a.m., and to exclude time between December 11, 2014 and February 5, 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 investigative reports and related documents in electronic form including approximately 63 pages of documents. All of this discovery has been either produced directly to counsel and/or made available for inspection and copying.
b) Counsel for defendant has completed his research surrounding potential legal and factual issues stemming from the recent U. S. Supreme Court's ruling in connection with warrantless searches of cellular telephones. Defense and government counsel have been engaged in settlement discussions. One potential resolution will require an agreement from the Sacramento County District Attorney's Office. Additional time is needed to confer with the Sacramento County District Attorney's Office.
c) Counsel for defendant believes that failure to grant the above-requested continuance would deny him 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 5, 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 defendant's 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 4, 2014. BENJAMIN B. WAGNER
United States Attorney
/s/Jason Hitt
JASON HITT
Assistant United States Attorney
FINDINGS AND ORDER
IT IS SO FOUND AND ORDERED.
