Filed: Nov. 01, 2016
Latest Update: Nov. 01, 2016
Summary: STIPULATION TO CONTINUE CHANGE OF PLEA HEARING AND EXCLUDE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER TROY L. NUNLEY , 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. A change of plea hearing has been previously scheduled for November 3, 2016. 2. Counsel for the Government, Assistant U.S. Attorney Brian A. Fogerty is presently in
Summary: STIPULATION TO CONTINUE CHANGE OF PLEA HEARING AND EXCLUDE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER TROY L. NUNLEY , 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. A change of plea hearing has been previously scheduled for November 3, 2016. 2. Counsel for the Government, Assistant U.S. Attorney Brian A. Fogerty is presently in ..
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STIPULATION TO CONTINUE CHANGE OF PLEA HEARING AND EXCLUDE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER
TROY L. NUNLEY, 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. A change of plea hearing has been previously scheduled for November 3, 2016.
2. Counsel for the Government, Assistant U.S. Attorney Brian A. Fogerty is presently in trial in this district before the Hon. William B. Shubb, for the past two weeks and defendant's counsel Donald H. Heller was in preparation for trial for an Alameda County homicide case that was to commence on October 24, 2016, and that trial was continued to November 28, 2016. Additional time is necessary for counsel for the parties to meet and confer so that this matter can be resolved by a change of plea and thus avoid a trial. The meet and confer process and corresponding review of the evidence is also part of the defendant's counsel's preparation for trial in the event the parties do not reach an agreed resolution. Accordingly, it is agreed and stipulated that the change of plea hearing scheduled for November 3, 2016, be continued to December 8, 2016, at 9:30 a.m., for change of plea.
3. 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.
4. 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 between the date of this Order and December 8, 2016, 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 the joint request of the parties provides an adequate basis to demonstrate that ends of justice served by granting this continuance outweigh the best interest of the public and the defendant in a speedy trial.
5. 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: November 1, 2016. PHILLIP A. TALBERT
Acting United States Attorney
/s/ Brian A. Fogerty
Brian A. Fogerty
Assistant United States Attorney
FINDINGS AND ORDER
IT IS SO FOUND AND ORDERED.
