STIPULATION TO CONTINUE STATUS CONFERENCE

JENNIFER DORSEY, District Judge.

It is hereby stipulated and agreed, by and between Daniel G. Bogden, United States Attorney, through Patrick Burns, Assistant United States Attorney, and Todd Leventhal, Esq., counsel for Defendant Wendell Waite, that the status conference in the above-captioned matter, previously scheduled for February 10, 2017, at 8:45 a.m., be vacated and continued until a Friday date convenient to the Court, but not sooner than thirty (30) days from now.

This Stipulation is entered into for the following reasons:

1. This Court set a status conference to occur on February 10, 2017, at 8:45 a.m., at which the Government is to advise the Court regarding its intention to continue the prosecution in light of Defendant Waite being found incompetent to proceed to trial.

2. The Government is actively seeking to resolve this matter. Because multiple layers of review from different offices and agencies are required, the undersigned does not anticipate having a decision to convey to the Court by the current setting. Counsel anticipates a thirty-day continuance would permit sufficient time to complete the required review and obtain a decision regarding whether the litigation will continue.

3. Counsel for Defendant Waite is about to begin a complex, multi-week trial. Thus, the parties request a Friday setting convenient to the Court.

4. This is the first request for a continuance of the February 10, 2017 status conference.

FINDINGS OF FACT AND ORDER

Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:

1. This Court set a status conference to occur on February 10, 2017, at 8:45 a.m., at which the Government is to advise the Court regarding its intention to continue the prosecution in light of Defendant Waite being found incompetent to proceed to trial.

2. The Government is actively seeking to resolve this matter. Because multiple layers of review from different offices and agencies are required, the Government does not anticipate having a decision to convey to the Court by the current setting. Counsel anticipates a thirty-day continuance would permit sufficient time to complete the required review and obtain a decision regarding whether the litigation will continue.

3. Counsel for Defendant Waite is about to begin a complex multi-week trial. The parties request a Friday setting convenient to the Court.

4. This is the first request for a continuance of the February 10, 2017 status conference.

For all of the above-stated reasons, the ends of justice would be served best by a continuance of the status conference hearing date.

ORDER

IT IS FURTHER ORDERED that the sentencing hearing in United States v. Wendell Waite, 2:11-cr-00247-JAD-CWH, previously scheduled for February 10, 2017 at 8:45 a.m. is vacated and continued until March 24, 2017 at the hour of 9:00 a.m.