Filed: Oct. 21, 2019
Latest Update: Oct. 21, 2019
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER STIPULATION JOHN A. MENDEZ , District Judge . 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 a Change of Plea on October 22, 2019. 2. By this stipulation, defendant now moves to continue the Change of Plea hearing until November 5, 2019, and
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER STIPULATION JOHN A. MENDEZ , District Judge . 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 a Change of Plea on October 22, 2019. 2. By this stipulation, defendant now moves to continue the Change of Plea hearing until November 5, 2019, and ..
More
STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER STIPULATION
JOHN A. MENDEZ, District Judge.
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 a Change of Plea on October 22, 2019.
2. By this stipulation, defendant now moves to continue the Change of Plea hearing until November 5, 2019, and to exclude time between October 22, 2019, and November 5, 2019, under Local Code T4.
3. The parties agree and stipulate, and request that the Court find the following:
a) On October 14, Defense counsel requested additional discovery related to the defendant's text messages and post-arrest statements. Defense counsel and the government have since that time been investigating these issues, as they have the potential to impact plea negotiations and trial strategy.
b) Counsel for defendant also recently had a family emergency that will require travel out of state for two-to-three weeks. Counsel needs additional time once she is back in state to meet with the defendant and discuss the discovery and trial strategy, and to otherwise prepare for trial.
c) Counsel for defendant believes that failure to grant the above-requested continuance would deny him/her 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 October 22, 2019 to November 5, 2019, 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: October 21, 2019 McGREGOR W. SCOTT
United States Attorney
/s/ CAMERON L. DESMOND
CAMERON L. DESMOND
Assistant United States Attorney
Dated: October 21, 2019 /s/ SHARI RUSK
SHARI RUSK
Counsel for Defendant
HOLLY GARREN
FINDINGS AND ORDER
IT IS SO FOUND AND ORDERED.
