Filed: Jul. 07, 2015
Latest Update: Jul. 07, 2015
Summary: STIPULATION AND [ PROPOSED ] ORDER CONTINUING STATUS HEARING AND EXCLUSION OF TIME JON S. TIGAR , District Judge . The parties are jointly requesting that the status conference presently set for Friday, August 7, 2015 at 9:30 a.m. be continued to Friday, August 21, 2015 at 9:30 a.m. Defendant Ashley Cedrick Smith is charged in a one count indictment with Possession of Child Pornography, in violation of 18 U.S.C. 2252(a)(4)(B). The government has produced initial discovery and has receive
Summary: STIPULATION AND [ PROPOSED ] ORDER CONTINUING STATUS HEARING AND EXCLUSION OF TIME JON S. TIGAR , District Judge . The parties are jointly requesting that the status conference presently set for Friday, August 7, 2015 at 9:30 a.m. be continued to Friday, August 21, 2015 at 9:30 a.m. Defendant Ashley Cedrick Smith is charged in a one count indictment with Possession of Child Pornography, in violation of 18 U.S.C. 2252(a)(4)(B). The government has produced initial discovery and has received..
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STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS HEARING AND EXCLUSION OF TIME
JON S. TIGAR, District Judge.
The parties are jointly requesting that the status conference presently set for Friday, August 7, 2015 at 9:30 a.m. be continued to Friday, August 21, 2015 at 9:30 a.m.
Defendant Ashley Cedrick Smith is charged in a one count indictment with Possession of Child Pornography, in violation of 18 U.S.C. § 2252(a)(4)(B). The government has produced initial discovery and has received follow up requests from the defense. The parties intend to meet and confer regarding discovery prior to the next status conference.
For the above reasons, the parties stipulate there is good cause — taking into account the public interest in the prompt disposition of this case — to exclude the time from August 7, 2015 to August 21, 2015 from computation under the Speedy Trial Act. The parties concur that granting the exclusion would allow the reasonable time necessary for effective preparation of counsel and continuity of counsel. See 18 U.S.C. § 3161(h)(7)(B)(iv). The parties also agree that the ends of justice served by granting such an exclusion of time for the purposes of effective preparation of counsel outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).
IT IS SO STIPULATED.
[PROPOSED] ORDER
Based upon the above-described Stipulation, THE COURT ORDERS that the status hearing currently set for August 7, 2015 be continued to August 21, 2015.
THE COURT FINDS that the ends of justice served by granting a continuance from August 7, 2015 through and including August 21, 2015 outweigh the best interest of the public and the defendant in a speedy trial, and that failure to grant such a continuance would unreasonably deny the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
Accordingly, THE COURT ORDERS that the period from August 7, 2015 through and including August 21, 2015 is excluded from the otherwise applicable Speedy Trial Act computation, pursuant to 18 U.S.C. § 3161(h)(7)(A) & (B)(iv).
IT IS SO ORDERED.
