Filed: Feb. 11, 2013
Latest Update: Feb. 11, 2013
Summary: STIPULATION AND ORDER FOR NEW MOTION SCHEDULE ANTHONY ISHII, District Judge. It is hereby stipulated by and between Benjamin B. Wagner, United States Attorney and Kimberly Sanchez, Assistant U.S. Attorney and Dale A. Blickenstaff, attorney for BRANDON SHAWN GREENE that the current motion schedule of: Defense Motions Due February 19, 2013 Government Responses Due March 19, 2013 Hearing on Motions
Summary: STIPULATION AND ORDER FOR NEW MOTION SCHEDULE ANTHONY ISHII, District Judge. It is hereby stipulated by and between Benjamin B. Wagner, United States Attorney and Kimberly Sanchez, Assistant U.S. Attorney and Dale A. Blickenstaff, attorney for BRANDON SHAWN GREENE that the current motion schedule of: Defense Motions Due February 19, 2013 Government Responses Due March 19, 2013 Hearing on Motions ..
More
STIPULATION AND ORDER FOR NEW MOTION SCHEDULE
ANTHONY ISHII, District Judge.
It is hereby stipulated by and between Benjamin B. Wagner, United States Attorney and Kimberly Sanchez, Assistant U.S. Attorney and Dale A. Blickenstaff, attorney for BRANDON SHAWN GREENE that the current motion schedule of:
Defense Motions Due February 19, 2013
Government Responses Due March 19, 2013
Hearing on Motions April 13, 2013 at 10:00 a.m.
Be changed to a new schedule as follows:
Defense Motions Due March 19, 2013
Government Responses Due April 19, 2013
Hearing on Motions May 20, 2013 at 10:00 a.m.
The defense needs additional time to prepare motions. Three motions are contemplated to be filed — two are motions to dismiss charges and a third seeks to return property wrongfully seized.
Much of the government's documentary proof emanates from a computer inventory program which reportedly has been destroyed. A backup system has been given over to the government. The defense has asked for a copy and was furnished a thumb drive, but the thumb drive was totally indecipherable.
Upon counsel for the defense and the government discussing the problem, it was agreed the government's expert and the defense expert should communicate directly to agree on some method to make the defense version understandable. Arrangements are being made for the experts to teleconference and work out a plan to produce a suitable copy. Additional time is needed for this evidence to be analyzed by the defense and possibly incorporated in a motion.
Secondly, the defense has requested status conference transcripts in this case which may prove helpful in one of the contemplated motions. Even though the transcripts will be produced on an expedited basis, they are not expected to arrive in time for a proper analysis before the motions are currently due.
The parties agree that the time between the date of this stipulation and the new hearing on motions dates of May 20, 2013 at 10:00 a.m. shall be excluded in the interests of justice, including but not limited to continuity of counsel and reasonable time necessary for effective preparation pursuant to 18 U.S.C. Sections 3161(h)(7)(A) and 3161(h)(7)(B)(I) and (iv).
For the reasons set forth above, the parties respectfully request that the hearing scheduled for April 13, 2013 at 10:00 a.m. be dropped from the calendar and a new hearing on motions be scheduled for May 20, 2013 at 10:00 a.m. Also, that the motion and response due dates set forth above be changed accordingly.
Dated: February 11, 2013 Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
By/S/ KIMBERLY SANCHEZ
KIMBERLY SANCHEZ
IT IS SO ORDERED.
Time is excluded pursuant to 18 U.S.C. Sections 3161(h)(7)(A) and 3161(h)(7)(B)(I) and (iv).
