Filed: Feb. 22, 2016
Latest Update: Feb. 22, 2016
Summary: STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE, AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT. GARLAND E. BURRELL, Jr. , Senior District Judge . The parties request that the status conference, currently set for February 19, 2016 at 9:00 a.m., be continued to March 11, 2016 at 9:00 a.m., and stipulate that the time beginning February 19, 2016 and extending through March 11, 2016, should be excluded from the calculation of time under the Speedy Trial Act. 18 U.S.C. 3161. Def
Summary: STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE, AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT. GARLAND E. BURRELL, Jr. , Senior District Judge . The parties request that the status conference, currently set for February 19, 2016 at 9:00 a.m., be continued to March 11, 2016 at 9:00 a.m., and stipulate that the time beginning February 19, 2016 and extending through March 11, 2016, should be excluded from the calculation of time under the Speedy Trial Act. 18 U.S.C. 3161. Defe..
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STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE, AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT.
GARLAND E. BURRELL, Jr., Senior District Judge.
The parties request that the status conference, currently set for February 19, 2016 at 9:00 a.m., be continued to March 11, 2016 at 9:00 a.m., and stipulate that the time beginning February 19, 2016 and extending through March 11, 2016, should be excluded from the calculation of time under the Speedy Trial Act. 18 U.S.C. § 3161.
Defense counsel is continuing to review over 1,100 pages of document discovery, numerous recorded interviews, videos, photographs and iPhone reports that have been provided in the case and requires additional time to review this discovery. In addition, defense counsel's investigator has continued to have limited availability and additional time is needed for defense investigation. Accordingly, the parties believe that the forgoing justifies an exclusion of time from the calculation of time under the Speedy Trial Act. The additional time is necessary to ensure effective preparation, taking into account the exercise of due diligence; and, continuity of counsel. (18 U.S.C. § 3161(h)(7)(B)(iv); Local Code T4). The interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. (18 U.S.C. § 3161(h)(7)(A)).
Dated: February 18, 2016. BENJAMIN B. WAGNER
UNITED STATES ATTORNEY
By: /s/Michael D. Anderson*
MICHAEL D. ANDERSON
Assistant U.S. Attorney
*Signed with permission
ORDER
The Court, having considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. Based on the stipulation of the parties, the Court finds that the failure to grant the requested continuance would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court specifically finds that the ends of justice served by the granting of such continuance outweigh the interests of the public and that the time from February 19, 2016 to and including March 11, 2016 shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to Local Code T4 (time for defense counsel to prepare and continuity of counsel pursuant to 18 U.S.C.§ 3161(h)(7)(A) and (B)(iv)).
IT IS SO ORDERED.
