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U.S. v. McMURRIAN, 2:12-CR-442-LKK. (2014)

Court: District Court, E.D. California Number: infdco20140311c24 Visitors: 4
Filed: Mar. 07, 2014
Latest Update: Mar. 07, 2014
Summary: STIPULATION AND ORDER CONTINUING STATUS CONFERENCE DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT LAWRENCE K. KARLTON, Judge. It is hereby stipulated and agreed by and between plaintiff United States of America, on the one hand, and defendants Brandon McMurrian, Joel Murdoch, Kevin Ayler, and Allen Lane, on the other hand, through their respective attorneys, that: (1) the presently set March 11, 2014, status conference hearing shall be continued to April 15, 2014, at 9:15 a.m.; and (2) tim
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STIPULATION AND ORDER CONTINUING STATUS CONFERENCE DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT

LAWRENCE K. KARLTON, Judge.

It is hereby stipulated and agreed by and between plaintiff United States of America, on the one hand, and defendants Brandon McMurrian, Joel Murdoch, Kevin Ayler, and Allen Lane, on the other hand, through their respective attorneys, that: (1) the presently set March 11, 2014, status conference hearing shall be continued to April 15, 2014, at 9:15 a.m.; and (2) time from the date of the parties' stipulation, March 6, 2014, through, and including, April 15, 2014, 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 T4. This continuance is requested to allow additional time for both the prosecutor and defense counsel to prepare and is based on the following. The undersigned prosecutor has conducted several telephone conferences lasting many hours with Bureau of Prisons legal counsel regarding the almost 500 pages of potential discovery in this case. BOP counsel explained and clarified the nature of many of the documents given to the prosecutor, and BOP counsel and the prosecutor have determined which documents are discoverable, on the one hand, and which documents have no relevance in this prosecution and are not discoverable, on the other hand. BOP counsel brought to the prosecutor's attention other documents in the possession of BOP which were provided to the prosecutor for his review near the end of February. The United States would like another week to review those documents, numberstamp the documents, and produce the discovery in a single set. The requested continuance is made to allow: (1) the United States time to produce this additional discovery; and (2) each defense counsel time to review the discovery and discuss the discovery and its ramifications with each defendant.

Accordingly, the parties stipulate and agree that the Court shall find that: (1) the failure to grant the requested continuance in this case would deny all counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence; and (2) the ends of justice served by the granting of such a continuance outweigh the best interests of the public and the defendants 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 representation of the parties and good cause appearing therefrom, the Court hereby finds that the failure to grant a continuance in this case would deny all 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 a continuance outweigh the best interests of the public and the defendants in a speedy trial. It is ordered that time beginning from the parties' stipulation on March 6, 2014, up to and including the April 15, 2014, 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 all counsel reasonable time to prepare. The March 11, 2014, status conference is hereby ordered continued to April 15, 2014, at 9:15 a.m.

Source:  Leagle

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