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U.S. v. McDonald, 2:17-cr-0010-TLN. (2017)

Court: District Court, E.D. California Number: infdco20171021i53 Visitors: 27
Filed: Oct. 17, 2017
Latest Update: Oct. 17, 2017
Summary: STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE TROY L. NUNLEY , District Judge . IT IS HEREBY STIPULATED by and between Phillip A. Talbert, United States Attorney, through Assistant United States Attorney Owen Roth, attorney for Plaintiff and Federal Defender Heather Williams through Assistant Federal Defender Mia Crager, attorney for Lavell McDonald request that the status conference, currently scheduled for October 19, 2017, be continued to November 30, 2017 at 9:30 a.m. The reasons
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STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE

IT IS HEREBY STIPULATED by and between Phillip A. Talbert, United States Attorney, through Assistant United States Attorney Owen Roth, attorney for Plaintiff and Federal Defender Heather Williams through Assistant Federal Defender Mia Crager, attorney for Lavell McDonald request that the status conference, currently scheduled for October 19, 2017, be continued to November 30, 2017 at 9:30 a.m.

The reasons for this continuance is to allow defense counsel additional time to review discovery and continue the investigation. Defense counsel is still conducting the investigation into her client's medical history, including by obtaining and reviewing relevant documents, to evaluate how to proceed with the case.

Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded of this order's date through and including November 30, 2017; pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and General Order 479, Local Code T4 based upon continuity of counsel and defense preparation.

Counsel and the defendant also agree that the ends of justice served by the Court granting this continuance outweigh the best interests of the public and the defendant in a speedy trial.

ORDER

IT IS HEREBY ORDERED, the Court, having received, read, and considered the parties' stipulation, and good cause appearing therefore, adopts the parties' stipulation in its entirety as its order. The Court specifically finds the failure to grant a continuance in this case would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds the ends of justice are served by granting the requested continuance and outweigh the best interests of the public and defendant in a speedy trial.

The Court orders the time from the date the parties stipulated, up to and including November 30, 2017, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and(B)(iv) [reasonable time for counsel to prepare] and General Order 479, (Local Code T4). It is further ordered the October 19, 2017 status conference shall be continued until November 30, 2017, at 9:30 a.m.

Source:  Leagle

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