Filed: Jul. 08, 2015
Latest Update: Jul. 08, 2015
Summary: STIPULATION AND ORDER CONTINUING STATUS CONFERENCE; FINDING OF EXCLUDABLE TIME MORRISON C. ENGLAND, Jr. , Chief District Judge . STIPULATION Plaintiff, United States of America, through Assistant U.S. Attorney Andre Espinosa; and defendant Dean Christiansen, through counsel Gregory W. Foster, hereby stipulate and agree as follows: 1. A status conference is currently set for July 9, 2015 at 9:00 a.m. 2. By this stipulation, the above-named defendant now moves to continue the status confer
Summary: STIPULATION AND ORDER CONTINUING STATUS CONFERENCE; FINDING OF EXCLUDABLE TIME MORRISON C. ENGLAND, Jr. , Chief District Judge . STIPULATION Plaintiff, United States of America, through Assistant U.S. Attorney Andre Espinosa; and defendant Dean Christiansen, through counsel Gregory W. Foster, hereby stipulate and agree as follows: 1. A status conference is currently set for July 9, 2015 at 9:00 a.m. 2. By this stipulation, the above-named defendant now moves to continue the status confere..
More
STIPULATION AND ORDER CONTINUING STATUS CONFERENCE; FINDING OF EXCLUDABLE TIME
MORRISON C. ENGLAND, Jr., Chief District Judge.
STIPULATION
Plaintiff, United States of America, through Assistant U.S. Attorney Andre Espinosa; and defendant Dean Christiansen, through counsel Gregory W. Foster, hereby stipulate and agree as follows:
1. A status conference is currently set for July 9, 2015 at 9:00 a.m.
2. By this stipulation, the above-named defendant now moves to continue the status conference to August 13, 2015 at 9:00 a.m., and to exclude time between July 9, 2015 and August 13, 2015 under Local Code A. Plaintiff does not oppose this request.
3. The basis upon which the parties agree to this proposed continuance of the status conference is as follows:
a. The defendant is currently undergoing competency evaluations by a psychiatrist and a psychologist. One of the reports is completed but Dr. Schaffer requires additional time because his efforts to collect recent medical evaluations of Mr. Christiansen have run into unexpected delays. Additionally, the parties will need some time after receipt of the reports to evaluate the same and to consider further proceedings in light of the doctors' evaluations.
4. Based on the above-stated findings, the ends of justice served by continuing the case and excluding time as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.
5. For the purpose of computing time under the Speedy Trial Act, 16 U.S.C. § 3161, et seq., within which trial must commence, the time period from July 9, 2015 to August 13, 2015, inclusive, is deemed excludable pursuant to 18 U.S.C. § 3161(h)(1)(a) [Local Code A] because it results from a delay from proceedings, including any examinations, to determine the mental competency of the defendant.
6. 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.
7. Finally, Gregory W. Foster has been authorized by all counsel to sign this stipulation on their behalf.
IT IS SO STIPULATED.
ORDER
IT IS SO ORDERED.
