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U.S. v. Simpson, 2:13-CR-0406-GEB. (2017)

Court: District Court, E.D. California Number: infdco20170501j20 Visitors: 21
Filed: Apr. 27, 2017
Latest Update: Apr. 27, 2017
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE GARLAND E. BURRELL, Jr. , District Judge . The United States of America, through its undersigned counsel, and defendants Rod Simpson and Sarah Bastin, through their separate counsel of record indicated below, stipulate that the status conference currently set for April 28, 2017, be continued to May 5, 2017, at 9:00 a.m. Counsel for both defendants require a brief period of additional time—one week in this request— to review the
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE

The United States of America, through its undersigned counsel, and defendants Rod Simpson and Sarah Bastin, through their separate counsel of record indicated below, stipulate that the status conference currently set for April 28, 2017, be continued to May 5, 2017, at 9:00 a.m.

Counsel for both defendants require a brief period of additional time—one week in this request— to review the discovery and evidence in this case, and to review the proposed plea agreements and discuss the relevant United States Sentencing Guidelines calculations and sentencing factors with their clients. Counsel for both defendants believe that the failure to grant a continuance in this case would deny them reasonable time needed for effective preparation, taking into account the exercise of due diligence. The government does not object to this brief continuance.

Based on the foregoing, the parties stipulate that the status conference currently scheduled for April 28, 2017, be continued to May 5, 2017, at 9:00 a.m. The parties further agree that time under the Speedy Trial Act should be excluded from the date this order issues to and including May 5, 2017, under 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) [reasonable time to prepare] and General Order 479, Local Code T4, based on continuity of counsel and defense preparation.

Counsel and the defendants [Simpson and Bastin] also agree that the ends of justice served by the Court granting the requested continuance outweigh the best interests of the public and the defendants in a speedy trial.

ORDER

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

The Court orders that the time from the date the parties stipulated, up to and including May 5, 2017, shall be excluded from computation of time within which the trial in this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) [reasonable time for counsel to prepare] and General Order 479 (Local Code T4). It is further ordered that the April 28, 2017 status conference shall be continued until May 5, 2017, at 9:00 a.m.

Source:  Leagle

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