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U.S. v. Avila, 2:18-cr-00208-JAM. (2019)

Court: District Court, E.D. California Number: infdco20190116893 Visitors: 24
Filed: Jan. 11, 2019
Latest Update: Jan. 11, 2019
Summary: STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE JOHN A. MENDEZ , District Judge . The parties, through undersigned counsel, hereby jointly stipulate and request that the status conference currently scheduled for January 15, 2019, be continued to February 5, 2019 at 9:15 a.m. The parties agree and stipulate, and request that the Court find the following: Defense counsel need additional time to review the discovery with their client, discuss potential resolutions, and continue investigat
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STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE

The parties, through undersigned counsel, hereby jointly stipulate and request that the status conference currently scheduled for January 15, 2019, be continued to February 5, 2019 at 9:15 a.m.

The parties agree and stipulate, and request that the Court find the following: Defense counsel need additional time to review the discovery with their client, discuss potential resolutions, and continue investigation of the facts in this case. Counsel for defendant believes that failure to grant the above-requested continuance would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded from this order's date through and including February 5, 2019, 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. 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.

Counsel and the defendant also agrees 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 February 5, 2019, 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 January 15, 2019 status conference shall be continued until February 5, 2019, at 9:15 a.m.

Source:  Leagle

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