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U.S. v. GRAY, 2:13-cr-129-TLN (2013)

Court: District Court, E.D. California Number: infdco20130606947 Visitors: 1
Filed: Jun. 04, 2013
Latest Update: Jun. 04, 2013
Summary: STIPULATION TO CONTINUE STATUS CONFERENCE AND TO EXCLUDE TIME; AND ORDER KENDALL J. NEWMAN, Magistrate Judge. IT IS HEREBY STIPULATED by and between each party's counsel, MICHELLE RODRIGUEZ, Assistant United States Attorney, attorney for Plaintiff, and OLAF HEDBERG, attorney for defendant Richard Lee Gray, that the status conference hearing date of June 6, 2013, be rescheduled for a status conference hearing on July 11, 2013, at 9:30 a.m. The reason for this continuance is to allow defense co
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STIPULATION TO CONTINUE STATUS CONFERENCE AND TO EXCLUDE TIME; AND ORDER

KENDALL J. NEWMAN, Magistrate Judge.

IT IS HEREBY STIPULATED by and between each party's counsel, MICHELLE RODRIGUEZ, Assistant United States Attorney, attorney for Plaintiff, and OLAF HEDBERG, attorney for defendant Richard Lee Gray, that the status conference hearing date of June 6, 2013, be rescheduled for a status conference hearing on July 11, 2013, at 9:30 a.m.

The reason for this continuance is to allow defense counsel additional time to further review discovery, have further discussions with his client, have further discussions with the United States, and otherwise engage in additional defense preparation. The parties agree that a volume of discovery has been provided, including numerous documents, police reports, federal law enforcement reports, victim information, images, reports regarding search warrant evidence, recordings, copies of stolen US Mail, and forensic reports. In addition, defense counsel has been occupied in on-going trial on an unrelated matter.

Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including July 11, 2013, pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.

ORDER CONTINUING STATUS CONFERENCE AND EXCLUDE TIME UNDER SPEEDY TRIAL ACT

UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ORDERED that the June 6, 2013, status conference hearing be continued to July 11, 2013, at 9:30 a.m..

Based on the representation of defense counsel and good cause appearing therefrom, THE COURT HEREBY 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. FURTHER, the Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial.

Accordingly, it is ordered that time up to and including the July 11, 2013 status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.

Source:  Leagle

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