[Proposed] FINDINGS AND ORDER AS TO EXCLUDABLE TIME PERIODS UNDER THE SPEEDY TRIAL ACT

GARY R. KLAUSNER, District Judge.

FINDINGS & ORDER

The Court has read and considered the Stipulation as to Excludable Time Periods under The Speedy Trial Act, filed by the government and defendant Fidelis Negbenebor in this case. The Court hereby finds that this Stipulation, which this Court incorporates by reference into this Order, demonstrates facts that provide good cause for a finding of excludable time pursuant to the Speedy Trial Act, 18 U.S.C. § 3161.

The Court further finds that: (i) the ends of justice served by the continuance granted by the Court on February 28, 2014, outweighed the best interest of the public and defendant in a speedy trial. ; (ii) failure to grant the continuance would likely have made a continuation of the proceeding impossible, or result in a miscarriage of justice; and (iii) failure to grant the continuance would have denied defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

THEREFORE, FOR GOOD CAUSE SHOWN:

The time period of September 27, 2013, to September 9, 2014, inclusive, is excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A), (h)(7)(B)(i), and (B)(iv).

Nothing in this ex parte application and notice shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods be excluded from the period within which the trial must commence.

IT IS SO ORDERED.