STIPULATION AND ORDER EXCLUDING TIME FROM OTHERWISE APPLICATION SPEEDY TRIAL ACT CALCULATION

VINCE G. CHHABRIA, District Judge.

STIPULATION

IT IS HEREBY STIPULATED by the parties, through undersigned counsel, that:

1. The parties were originally scheduled to appear before the Court on August 11, 2014 at 2:00 p.m. for a status hearing, but the defendant was not transported to Court and the parties did not appear as originally anticipated. However, counsel had already consulted before August 11, 2014, and had agreed that they would jointly request a one-month continuance with a Speedy Trial Act exclusion, in order to allow the government to produce further discovery, to allow defense counsel to continue reviewing discovery already produced and to review further discovery to be produced, and to allow defense counsel to pursue investigation of the case and consult with his client about the best way to proceed.

2. Accordingly, with the parties' agreement as to the new date, the Court issued a Clerk's Notice rescheduling the status hearing for September 15, 2014 at 2:00 p.m., with the understanding that the parties would submit a Stipulation and Proposed Order excluding time.

3. The parties now formalize their request for a continuance of this matter to September 15, 2014 at 2:00 p.m. for a status hearing, and respectfully submit and agree that the period from August 11, 2014 through and including September 15, 2014 should be excluded from the otherwise applicable Speedy Trial Act computation because failure to grant the continuance as requested would unreasonably deny the defendant continuity of counsel and the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Specifically, the parties represent that the volume of discovery already produced, together with the further discovery to be produced (which includes a copy of the defendant's Alien File), and defense counsel's need to review discovery, to consult with his client as to the best way to proceed (including pursuing certain avenues of investigation), support the requested continuance.

IT IS SO STIPULATED.

ORDER

Based upon the above-described Stipulation, THE COURT FINDS THAT the ends of justice served by granting a continuance from August 11 2014 through and including September 15, 2014 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 continuity of counsel and the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

Accordingly, THE COURT ORDERS THAT:

1. Pursuant to the Clerk's Notice issued on August 11, 2014, the parties shall appear before the Court on September 15 2014 at 2:00 p.m. for further status.

2. The period from August 11, 2014 through and including September 15, 2014 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.