Filed: Aug. 04, 2015
Latest Update: Aug. 04, 2015
Summary: STIPULATION AND ORDER TO VACATE STATUS CONFERENCE & SET BRIEFING SCHEDULE TROY L. NUNLEY , District Judge . IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Paul Hemesath, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender, Alexandra P. Negin, attorney for Hammurabi Hernandez, and defendant, Jorge Medina, by and through his counsel Gilbert Roque hereby stipulate and agree that the
Summary: STIPULATION AND ORDER TO VACATE STATUS CONFERENCE & SET BRIEFING SCHEDULE TROY L. NUNLEY , District Judge . IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Paul Hemesath, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender, Alexandra P. Negin, attorney for Hammurabi Hernandez, and defendant, Jorge Medina, by and through his counsel Gilbert Roque hereby stipulate and agree that the ..
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STIPULATION AND ORDER TO VACATE STATUS CONFERENCE & SET BRIEFING SCHEDULE
TROY L. NUNLEY, District Judge.
IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Paul Hemesath, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender, Alexandra P. Negin, attorney for Hammurabi Hernandez, and defendant, Jorge Medina, by and through his counsel Gilbert Roque hereby stipulate and agree that the status conference set for August 6, 2015, be vacated and an non-evidentiary hearing be set for November 5, 2015 at 9:30 a.m., and that the briefing schedule be set as follows:
Motion due: October 1, 2015
Opposition due: October 15, 2015
Reply due: October 22, 2015
The parties stipulate the time between today's date and the filing of the motion should be excluded under 18 U.S.C. § 3161 (h)(7)(B) [reasonable time to prepare] (Local Code T4) and that the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendant in a speedy trial. The parties also stipulate that the time from the filing of the motion until it is heard must be excluded under 18 U.S.C. § 3161(h)(1)(d)[pendency of motion](Local Code E). Accordingly, speedy trial time is to be excluded from the date of this order through the date of the hearing set for November 5, 2015.
ORDER
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. Time is excluded to provide defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting the requested briefing schedule and continuance outweigh the best interests of the public and defendant in a speedy trial.
The Court orders that the time from the date of this order, up to and including November 5, 2015, 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)(B)(iv)(reasonable time for counsel to prepare — Local Code T4). It is further ordered that the August 6, 2015 status conference be vacated, and a non-evidentiary hearing be set for November 5, 2015 at 9:30 a.m. The proposed briefing schedule is adopted.
