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U.S. v. SCHAEFER, 2:12-CR-00053 MCE. (2014)

Court: District Court, E.D. California Number: infdco20141112917 Visitors: 18
Filed: Nov. 10, 2014
Latest Update: Nov. 10, 2014
Summary: STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE AND SET A BRIEFING SCHEDULE MORRISON C. ENGLAND, Jr., Chief District Judge. IT IS HEREBY STIPULATED between the parties, MATTHEW MORRIS, Assistant United States Attorney, counsel for the plaintiff, and DOUGLAS BEEVERS, Assistant Federal Defender, attorney for defendant ROBERT SCHAEFER, that the status conference set for October 30, 2014 be vacated, and the matter be set for status conference on December 4, 2014 at 9:00 a.m. The reason for the
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STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE AND SET A BRIEFING SCHEDULE

MORRISON C. ENGLAND, Jr., Chief District Judge.

IT IS HEREBY STIPULATED between the parties, MATTHEW MORRIS, Assistant United States Attorney, counsel for the plaintiff, and DOUGLAS BEEVERS, Assistant Federal Defender, attorney for defendant ROBERT SCHAEFER, that the status conference set for October 30, 2014 be vacated, and the matter be set for status conference on December 4, 2014 at 9:00 a.m. The reason for the continuance is due to the unavailability of the defense's forensic computer expert.

The parties also stipulate to the following briefing schedule:

Motions due: December 4, 2014 Reply due: December 18, 2014 Motion hearing, if necessary: January 8, 2015 at 9:00 a.m. Trial Confirmation Hearing: March 5, 2015 at 9:00 a.m. Trial: April 6, 2015 at 9:00 a.m.

The parties stipulate and agree that the time period between the signing of this order through and including April 6, 2015 should be excluded from the calculation of time under the Speedy Trial Act. The parties stipulate and agree that the ends of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial pursuant to 18 U.S.C. §3161(h)(7)(A)and(B)(iv) [reasonable time to prepare] (Local Code T-4).

ORDER

IT IS SO ORDERED. Based on the stipulation of the parties 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. The Court specifically finds that the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendant in a speedy trial. Based on these findings and pursuant to the stipulation of the parties, the Court hereby adopts the stipulation of the parties in its entirety as its order. Time is excluded from computation of time within which the trial of this matter must be commenced beginning from the signing of this order through and including April 6, 2015 pursuant to 18 U.S.C. §3161(h)(7)(A) and(B)(iv) [reasonable time to prepare] (Local Code T4). A new status conference date is hereby set for December 4, 2014 at 9:00 a.m. and the proposed briefing schedule is ordered.

IT IS SO ORDERED.

Source:  Leagle

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