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U.S. v. ELLISON, 2:15-cr-004 MCE. (2015)

Court: District Court, E.D. California Number: infdco20150610b01 Visitors: 19
Filed: Jun. 08, 2015
Latest Update: Jun. 08, 2015
Summary: STIPULATION TO CONTINUE STATUS CONFERENCE AND TO EXCLUDE TIME MORRISON C. ENGLAND, Jr. , Chief District Judge . IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Josh Sigal, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender, Lexi P. Negin, attorney for Duane Ellison, that the status conference set for June 11, 2015, be continued to July 9, 2015, at 9:00 a.m. The reason for this c
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STIPULATION TO CONTINUE STATUS CONFERENCE AND TO EXCLUDE TIME

IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Josh Sigal, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender, Lexi P. Negin, attorney for Duane Ellison, that the status conference set for June 11, 2015, be continued to July 9, 2015, at 9:00 a.m.

The reason for this continuance is to allow defense counsel additional time to review discovery with the defendant, to examine possible defenses and to continue investigating the facts of 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 July 9, 2015; 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

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

The Court orders the status conference rescheduled for July 9, 2015, at 9:00 a.m. The Court orders the time from the date of the parties stipulation, up to and including July 9, 2015, excluded from computation of time within which the trial of this case must commence under the Speedy Trial Act, pursuant to 18 U.S.C. §§3161(h)(7), and Local Code T4.

IT IS SO ORDERED.

Source:  Leagle

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