Filed: Feb. 03, 2016
Latest Update: Feb. 03, 2016
Summary: STIPULATION AND ORDER TO CONTINUE MOTION HEARING AND BRIEFING SCHEDULE, AND TO EXCLUDE TIME MORRISON C. ENGLAND, Jr. , District Judge . IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Katherine Lydon, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Sean Riordan, attorney for Marvin Molinero-Gutierrez, that the motion hearing scheduled for February 25, 2016 be vacated and be co
Summary: STIPULATION AND ORDER TO CONTINUE MOTION HEARING AND BRIEFING SCHEDULE, AND TO EXCLUDE TIME MORRISON C. ENGLAND, Jr. , District Judge . IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Katherine Lydon, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Sean Riordan, attorney for Marvin Molinero-Gutierrez, that the motion hearing scheduled for February 25, 2016 be vacated and be con..
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STIPULATION AND ORDER TO CONTINUE MOTION HEARING AND BRIEFING SCHEDULE, AND TO EXCLUDE TIME
MORRISON C. ENGLAND, Jr., District Judge.
IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Katherine Lydon, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Sean Riordan, attorney for Marvin Molinero-Gutierrez, that the motion hearing scheduled for February 25, 2016 be vacated and be continued to March 10, 2016 at 9:00 a.m.
The reason for continuance is to allow Defense counsel additional time to prepare the defense motions for filing.
The new briefing schedule will be as follows:
Defense motion due: February 11, 2016
Government's opposition due: February 25, 2016
Reply due: March 3, 2016
Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded as of this order's date through and including March 10, 2016 pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) [reasonable time to prepare] and (h)(1)(D) [pretrial motions] and Local Codes E and T4 under General Order 479, based upon continuity of counsel, defense preparation, and the anticipated filing of a pretrial motion.
ORDER
The Court, having received, read, and considered the parties' stipulation, and good cause appearing therefrom, hereby adopts the parties' stipulation in its entirety as its order. The Court specifically finds the failure to grant a continuance in this case would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. It further finds the ends of justice are served by granting the requested continuance and outweigh the best interests of the public and defendant in a speedy trial.
Time from the date the parties stipulated, up to and including March 10, 2016, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) [reasonable time to prepare] and (h)(1)(D) [pretrial motions] and Local Codes E and T4 under General Order 479. It is further ordered the February 25, 2016 motion hearing shall be continued until March 10, 2016, at 9:00 a.m.
IT IS SO ORDERED.
