Filed: Oct. 11, 2019
Latest Update: Oct. 11, 2019
Summary: AMENDED STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; AND ORDER BARBARA A. McAULIFFE , Magistrate 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. By previous order, this matter was set for status on October 15, 2019. 2. By this stipulation, defendant now moves to continue the status conference until January 27, 2020, and to exc
Summary: AMENDED STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; AND ORDER BARBARA A. McAULIFFE , Magistrate 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. By previous order, this matter was set for status on October 15, 2019. 2. By this stipulation, defendant now moves to continue the status conference until January 27, 2020, and to excl..
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AMENDED STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; AND ORDER
BARBARA A. McAULIFFE, Magistrate 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. By previous order, this matter was set for status on October 15, 2019.
2. By this stipulation, defendant now moves to continue the status conference until January 27, 2020, and to exclude time between October 15, 2019, and January 27, 2020, under Local Code T4.
3. The parties agree and stipulate, and request that the Court find the following:
a) The government has produced discovery directly to counsel and/or made available for inspection and copying. Government counsel has indicated that supplemental discovery will be sent out within the next two weeks.
b) Counsel for defendant desires additional time to complete a review of the supplemental discovery, to conduct investigation and research related to the charges, and to continue to discuss resolution with his client.
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 15, 2019 to January 27, 2020, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) 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 11, 2019 MCGREGOR W. SCOTT
United States Attorney
/s/MELANIE L. ALSWORTH
MELANIE L. ALSWORTH
Assistant United States Attorney
Dated: October 10, 2019 /s/GARY HUSS
GARY HUSS
Counsel for Defendant
TONYA TATE
ORDER
IT IS SO ORDERED that the 1st Status Conference is continued from October 15, 2019 to January 27, 2020 at 1:00 PM before Magistrate Judge Barbara A. McAuliffe. Time is excluded pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv).
IT IS SO ORDERED.
