STIPULATION AND [PROPOSED] ORDER TO VACATE HEARING AND FOR EXCLUSION OF TIME UNDER SPEEDY TRIAL ACT

WILLIAM B. SHUBB, District Judge.

The United States of America, by and through Assistant United States Attorney Brian A. Fogerty, and defendant Mkrtych Robertovic Sargsyan, by and through counsel Michael D. Long, hereby agree and stipulate as follows:

1. On June 15, 2018, the Court set this case for a status conference to occur on August 20, 2018, at 9:00 a.m. ECF No. 90. The parties request that the Court vacate the August 20, 2018, status conference and set the case for another status conference on September 10, 2018, at 9:00 a.m.

2. On February 9, 2017, a grand jury returned the indictment pending against Sargsyan. ECF No. 1. However, Sargsyan's current counsel, Mr. Long, entered his appearance in this case in February 2018. ECF no. 73. To date, the United States has produced hundreds of pages of document discovery and many hours of recordings, many of which are not in the English language. Accordingly, defense counsel requests additional time to review the discovery materials, conduct further investigation, confer with his client, and prepare for trial.

3. Based on the foregoing facts, the parties agree that the interests of justice served by vacating the August 20, 2018, hearing and continuing the case to another status conference on September 10, 2018, and excluding the intervening time under the Speedy Trial Act, outweighs the best interest of the public and the defendant in a speedy trial. The parties request that the Court adopt the facts set forth herein and order time excluded between August 20, 2018, and September 10, 2018, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), and Local Code T-4, to allow defense counsel to investigate and prepare for trial.

ORDER

The Court, having received, read, and considered the parties' stipulation, and good cause appearing therefrom, adopts the parties' stipulation in its entirety as its order. The Court VACATES the hearing on August 20, 2018. The Court also specifically finds that based on the facts set forth in the parties' stipulation, the failure to grant a continuance and exclude the time between August 20, 2018, and September 10, 2018, would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court further finds the ends of justice are served by the continuance and outweigh the best interests of the public and the defendant in a speedy trial. Time from August 20, 2018, to and including September 10, 2018, is excluded from the computation of time within which the trial of this case must commence under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), and Local Code T-4.

IT IS SO ORDERED.