Filed: Dec. 06, 2012
Latest Update: Dec. 06, 2012
Summary: TIPULATION AND ORDER TO MODIFY APPEAL SCHEDULE AND HEARING DATE MORRISON C. ENGLAND, Jr., District Judge. The parties to this appeal, the United States of America, represented by Assistant United States Attorney, Mr. Michael D. Anderson and the defendant, JASON SIEGFRIED, represented by his counsel, Mr. James R. Greiner, hereby agree and stipulate that the Appeal briefing schedule can be modified as follows and that the present hearing date for the Appeal of Thursday, February 14, 2013, can be
Summary: TIPULATION AND ORDER TO MODIFY APPEAL SCHEDULE AND HEARING DATE MORRISON C. ENGLAND, Jr., District Judge. The parties to this appeal, the United States of America, represented by Assistant United States Attorney, Mr. Michael D. Anderson and the defendant, JASON SIEGFRIED, represented by his counsel, Mr. James R. Greiner, hereby agree and stipulate that the Appeal briefing schedule can be modified as follows and that the present hearing date for the Appeal of Thursday, February 14, 2013, can be ..
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TIPULATION AND ORDER TO MODIFY APPEAL SCHEDULE AND HEARING DATE
MORRISON C. ENGLAND, Jr., District Judge.
The parties to this appeal, the United States of America, represented by Assistant United States Attorney, Mr. Michael D. Anderson and the defendant, JASON SIEGFRIED, represented by his counsel, Mr. James R. Greiner, hereby agree and stipulate that the Appeal briefing schedule can be modified as follows and that the present hearing date for the Appeal of Thursday, February 14, 2013, can be vacated and re-set to Thursday, September 5, 2013, at 9:00 a.m., or as soon thereafter as the matter might be heard by this Court and that the following modified briefing schedule is agreed to by the parties and presented to this Court for its approval:
Opening brief by Appellant due on or before June 27, 2013
Opposition brief by Appellee due on or before August 1, 2013
Reply brief by Appellant due on or before August 15, 2013
Hearing on Appeal September 5, 2013
The parties agree and stipulate that time under the Speedy Trial Act to February 14, 2013, has already been made by this Court pursuant to the Stipulation and Order at docket # 293, dated September 26, 2012, and that Order and factual findings is incorporated herein and adopted in full by the parties and the parties agree and stipulate that from February 14, 2013, to and including September 5, 2013, time under the Speedy Trial Act can be excluded pursuant to Title 18 U.S.C. section 3161(h)(1)(d) (pending motion before the court, Local Code E) to the pending motion and resulting appeal of that motion to the District Court brought on behalf of defendant Jason Siegfried and pursuant to Title 18 U.S.C. section 3161(h)(7)(A), 3161(h)(7)(B)(ii) which corresponds to Local Code T-2 (complex) and 3161(h)(7)(B)(iv) which corresponds to Local Code T-4 (attorney preparation time), in that the ends of justice served by continuing the case from Thursday, February 14, 2013 to and including, Thursday, September 5, 2013, outweigh the best interest of the public and the defendant in a speedy trial based upon the facts of this case:
1- the case is so unusual or so complex due to the number of defendants, to date being thirty-one (31); the nature of the prosecution dealing with at least six (6) Title III wire intercepts with the relevant discovery going along with each wire intercept with the potential existence of novel questions of law, and all of the search warrants executed in this case and
2- with this case taken as a whole based on the amount of discovery produced from the government regarding at least six (6) Title III wire intercepts with the relevant discovery going along with each wire intercept; the reports in the case; and all of the search warrants that were executed in this case, counsel needs time necessary for effective preparation taking into account the exercise of due diligence. ORDER
The Court having read and considered the parties agreements and stipulations and the record in this case, hereby makes the following findings and Order:
Time has been excluded under the Speedy Trial Act to February 14, 2013, by this Court pursuant to the Stipulation and Order at docket # 293, dated September 26, 2012, and that Order and factual findings is incorporated herein and adopted in full; The Court finds that from February 14, 2013, to and including September 5, 2013, time under the Speedy Trial Act can be and is excluded pursuant to Title 18 U.S.C. section 3161(h)(1)(d) (pending motion before the court, Local Code E) to the pending motion and resulting appeal of that motion to the District Court brought on behalf of defendant Jason Siegfried and pursuant to Title 18 U.S.C. section 3161(h)(7)(A), 3161(h)(7)(B)(ii) which corresponds to Local Code T-2 (complex) and 3161(h)(7)(B)(iv) which corresponds to Local Code T-4 (attorney preparation time), in that the ends of justice served by continuing the case from Thursday, February 14, 2013 to and including Thursday, September 5, 2013, outweigh the best interest of the public and the defendant in a speedy trial based upon the facts of this case:
1- the case is so unusual or so complex due to the number of defendants, to date being thirty-one (31); the nature of the prosecution dealing with at least six (6) Title III wire intercepts with the relevant discovery going along with each wire intercept with the potential existence of novel questions of law, and all of the search warrants executed in this case
and
2- with this case taken as a whole based on the amount of discovery produced from the government regarding at least six (6) Title III wire intercepts with the relevant discovery going along with each wire intercept; the reports in the case; and all of the search warrants that were executed in this case, counsel needs time necessary for effective preparation taking into account the exercise of due diligence.
The Court adopts the parties agreements and stipulations to modify the Appeal briefing schedule and hearing date as follows:
Opening brief by Appellant due on or before June 27, 2013
Opposition brief by Appellee due on or before August 1, 2013
Reply brief by Appellant due on or before August 15, 2013
Hearing on Appeal September 5, 2013
The current Hearing date of the Appeal of February 14, 2013, is hereby vacated and reset for September 5, 2013, at 9 a.m.
IT IS SO ORDERED.
