Filed: Feb. 21, 2020
Latest Update: Feb. 21, 2020
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER DALE A. DROZD , District Judge . STIPULATION Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows: 1. By previous order, this matter was set for status on March 20, 2020. 2. By this stipulation, defendant now moves to continue the status conference until April 3, 2020, and to exclude time bet
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER DALE A. DROZD , District Judge . STIPULATION Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows: 1. By previous order, this matter was set for status on March 20, 2020. 2. By this stipulation, defendant now moves to continue the status conference until April 3, 2020, and to exclude time betw..
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STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER
DALE A. DROZD, District Judge.
STIPULATION
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows:
1. By previous order, this matter was set for status on March 20, 2020.
2. By this stipulation, defendant now moves to continue the status conference until April 3, 2020, and to exclude time between March 20, 2020, and April 3, 2020, under Local Code T4. 3. The parties agree and stipulate, and request that the Court find the following:
a) The government has represented that the discovery associated with this case includes the defendant's Department of Homeland Security Immigration File, or A-File. All of this discovery has been either produced directly to counsel and/or made available for inspection and copying.
b) Counsel for defendant desires additional time to review that discovery, as well as to review the Presentence Investigation Report. The Office of Probation has advised that a continuance until the week of March 30, 2020 will be necessary to allow sufficient time to produce that report to the parties for review.
c) Counsel for defendant believes that failure to grant the above-requested continuance would deny him the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
d) The government does not object to the continuance.
e) Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.
f) For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of March 20, 2020 to April 3, 2020, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) [Local Code T4] because it results from a continuance granted by the Court at defendant's request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.
4. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.
IT IS SO STIPULATED.
Dated: February 21, 2020 McGREGOR W. SCOTT
United States Attorney
/s/ LAURA D. WITHERS
LAURA D. WITHERS
Assistant United States Attorney
Dated: February 21, 2020 /s/ BENJAMIN A. GERSON
BENJAMIN A. GERSON
Counsel for Defendant
FRANCISCO JAVIER
HERRERA-REYES
ORDER
IT IS SO ORDERED.
