Filed: Jun. 20, 2014
Latest Update: Jun. 20, 2014
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [ PROPOSED ] FINDINGS AND ORDER ALLISON CLAIRE, Magistrate Judge. STIPULATION Defendant, by and through his counsel of record, together with Plaintiff, United States of America, by and through its counsel of record, hereby stipulate as follows: 1. By previous order, this matter was set for trial on June 23, 2014. 2. By this stipulation, defendant now moves to vacate the current trial date and to set the matter for tri
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [ PROPOSED ] FINDINGS AND ORDER ALLISON CLAIRE, Magistrate Judge. STIPULATION Defendant, by and through his counsel of record, together with Plaintiff, United States of America, by and through its counsel of record, hereby stipulate as follows: 1. By previous order, this matter was set for trial on June 23, 2014. 2. By this stipulation, defendant now moves to vacate the current trial date and to set the matter for tria..
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STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER
ALLISON CLAIRE, Magistrate Judge.
STIPULATION
Defendant, by and through his counsel of record, together with Plaintiff, United States of America, by and through its counsel of record, hereby stipulate as follows:
1. By previous order, this matter was set for trial on June 23, 2014.
2. By this stipulation, defendant now moves to vacate the current trial date and to set the matter for trial on August 4, 2014 at 9:00 a.m. in Department 26, and to exclude time between June 23, 2014 and August 4, 2014 under Local Code T4. Defendant further moves to waive any further status conference. Plaintiff does not oppose this request.
3. The parties agree and stipulate, and request that the Court find the following:
a. Defense is still undergoing investigation and research in order to adequately advise Mr. Cruz of his interests, rights and in addition fully and adequately prepare his case for trial. Specifically, defense has realized that some additional time would be necessary to personally contact and serve subpoenas to two live witnesses, and that this would not be completed before June 23, 2014.
b. The government does not object to the continuance.
c. Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.
d. For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of June 23, 2014 to August 4, 2014, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) [Local Code T4] because it results from a continuance granted by the Court at defendant's request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.
4. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.
IT IS SO STIPULATED.
DATED: June 18, 2014. ERIC CHAI
Special Assistant United States Attorney
ORDER
IT IS SO FOUND AND ORDERED.
