STIPULATION AND ORDER TO VACATE TRIAL-CONFIRMATION HEARING AND JURY TRIAL DATES AND SET FOR CHANGE OF PLEA AND SENTENCING, AND EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT

KENDALL J. NEWMAN, Magistrate Judge.

IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto through their respective counsel, LAURA HUGGINS, Special Assistant United States Attorney, attorney for Plaintiff, and LINDA HARTER, attorney for defendant, MARY E. HAWKINS, and Certified Student Attorney, SONIA ZAHEER, that the Court vacate the trial confirmation hearing date of February 25, 2015 at 9:00 a.m., and jury trial date of March 16, 2015 at 9:00 a.m. and set a change of plea hearing on March 18, 2015 at 9:00 a.m.

Additionally, because Count One of the Information, 18 U.S.C. § 13 and C.V.C § 14601.1(a) — Driving When Privilege Suspended — alleges a Class A misdemeanor, the parties request that this case proceed accordingly, and that the time period from the date of the defendant's initial appearance and arraignment, January 13, 2015, through and including the proposed date for change of plea and sentencing, March 18, 2015, shall be excluded from computation of the time within which the trial of this matter must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and local Code T4 for defense preparation and finalizing the terms of the plea agreement. Therefore, the parties stipulate that the Court shall find that the ends of justice served by 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 therefrom, adopts the stipulation of the parties in its entirety as its order.

It is hereby ordered that the trial confirmation hearing presently set for February 25, 2015, at 9:00 a.m., and the trial set for March 16, 2015, at 9:00 a.m., be vacated, and that a change of plea and sentencing date be set for March 18, 2015, at 9:00 a.m.

It is further ordered that the time period from the date of the defendant's initial appearance and arraignment, January 13, 2015, through and including the proposed date for change of plea and sentencing, March 18, 2015, shall be excluded from computation of the time within which the trial of this matter must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and local Code T4 for defense preparation and finalizing the terms of the plea agreement. The Court finds that (1) the failure to grant the requested continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence; and (2) the ends of justice served by the granting of such a continuance outweigh the best interests of the public and the defendant in a speedy trial.

IT IS SO ORDERED.