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USA v. Wilson, CR 17-00028 JST. (2017)

Court: District Court, N.D. California Number: infdco20171213c69 Visitors: 19
Filed: Dec. 12, 2017
Latest Update: Dec. 12, 2017
Summary: STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM DECEMBER 15, 2017 TO JANUARY 26, 2018 JON S. TIGAR , District Judge . IT IS HEREBY STIPULATED between the parties, Assistant United States Attorney, Michelle Bazu for Plaintiff United States of America, George Boisseau, counsel for defendant Jehoaddan Wilson, and Erik Babcock, counsel for defendant Marcus Wilson, that the status conference hearing presently scheduled for Friday, December 15, 2017 at 9:30 a.m., be continued to Friday
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STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM DECEMBER 15, 2017 TO JANUARY 26, 2018

IT IS HEREBY STIPULATED between the parties, Assistant United States Attorney, Michelle Bazu for Plaintiff United States of America, George Boisseau, counsel for defendant Jehoaddan Wilson, and Erik Babcock, counsel for defendant Marcus Wilson, that the status conference hearing presently scheduled for Friday, December 15, 2017 at 9:30 a.m., be continued to Friday, January 26, 2018 at 9:30 a.m.

The parties agree to exclude the time between December 15, 2017 and January 26, 2018 from the time in which the defendant must be brought to trial pursuant to the Speedy Trial Act, 18 U.S.C. § 3131 et al. The government has engaged in discussion with defense counsel regarding a possible resolution of the pending case. Defense counsel continues to review the discovery, conduct further investigation and research, and will need additional time to discuss the discovery and the case with the defendants. Therefore, the parties agree that the time period of December 15, 2017 and January 26, 2018, inclusive, should be excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (h)(7)(B)(iv) on the basis that the ends of justice served by the continuance outweigh the best interests of the public and defendant in a speedy trial, and failing to exclude this time would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

ORDER

Based upon the representations of counsel and for good cause shown, the Court finds that failing to exclude the time between from December 15, 2017 through January 26, 2018 would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). The Court further finds that the ends of justice served by excluding the time from December 15, 2017 through January 26, 2018 from computation under the Speedy Trial Act outweigh the best interests of the public and the defendant in a speedy trial. Therefore, IT IS HEREBY ORDERED that the time from December 15, 2017 through January 26, 2018 shall be excluded from computation under the Speedy Trial Act. 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).

Source:  Leagle

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