Filed: May 31, 2013
Latest Update: May 31, 2013
Summary: STIPULATION AND [PROPOSED] ORDER TO VACATE STATUS CONFERENCE AND SET FOR CHANGE OF PLEA ALLISON CLAIRE, Magistrate Judge. IT IS HEREBY STIPULATED between the parties through their respective counsel, Samuel Wong, Assistant United States Attorney, and Linda C. Harter, Chief Assistant Federal Defender, attorney for EDWARD CASSAYRE, that the Court vacate the status conference on June 3, 2013 at 9:00 a.m. and set for a change of plea on July 15, 2013 at 9:00 a.m. The reasons for the continuance a
Summary: STIPULATION AND [PROPOSED] ORDER TO VACATE STATUS CONFERENCE AND SET FOR CHANGE OF PLEA ALLISON CLAIRE, Magistrate Judge. IT IS HEREBY STIPULATED between the parties through their respective counsel, Samuel Wong, Assistant United States Attorney, and Linda C. Harter, Chief Assistant Federal Defender, attorney for EDWARD CASSAYRE, that the Court vacate the status conference on June 3, 2013 at 9:00 a.m. and set for a change of plea on July 15, 2013 at 9:00 a.m. The reasons for the continuance ar..
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STIPULATION AND [PROPOSED] ORDER TO VACATE STATUS CONFERENCE AND SET FOR CHANGE OF PLEA
ALLISON CLAIRE, Magistrate Judge.
IT IS HEREBY STIPULATED between the parties through their respective counsel, Samuel Wong, Assistant United States Attorney, and Linda C. Harter, Chief Assistant Federal Defender, attorney for EDWARD CASSAYRE, that the Court vacate the status conference on June 3, 2013 at 9:00 a.m. and set for a change of plea on July 15, 2013 at 9:00 a.m.
The reasons for the continuance are that the parties are continuing negotiations regarding the restitution issues and defense counsel needs time to explain the final draft of the plea agreement with Mr. Cassayre.
It is further stipulated that the time period from May 29, 2013, through and including the date of the new hearing, July 15, 2013, shall be excluded under the Speedy Trial Act (18 U.S.C. §3161(h)(7)(A) &(B)(iv) and Local Code T4, due to the need to provide defense counsel with the reasonable time to prepare, and that the ends of justice to be served by granting the continuance outweigh the best interests of the public and the defendant in a speedy trial.
ORDER
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. Based on the stipulation of the parties and the recitation of facts contained therein, the Court finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and the defendant in a speedy trial.
The Court orders that the time from the date of the parties' stipulation, May 29, 2013, to and including the new July 15, 2013, of plea hearing date 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), and Local Code T4 (reasonable time for defense counsel to prepare). It is further ordered that the presently set June 3, 2013, status conference shall be vacated and a change of plea hearing is set to July 15, 2013, at 9:00 a.m.
IT IS SO ORDERED.
