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U.S. v. Gowans, 14-cr-314 JAM. (2015)

Court: District Court, E.D. California Number: infdco20150106833 Visitors: 22
Filed: Jan. 02, 2015
Latest Update: Jan. 02, 2015
Summary: STIPULATION TO CONTINUE STATUS CONFERENCE AND TO EXCLUDE TIME JOHN A. MENDEZ, District Judge. IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Olusere Olowoyeye, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Noa E. Oren, attorney for Frank Gowans, that the status conference scheduled for January 6, 2015 be vacated and continued to February 3, 2015 at 9:30 a.m. The reasons for t
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STIPULATION TO CONTINUE STATUS CONFERENCE AND TO EXCLUDE TIME

JOHN A. MENDEZ, District Judge.

IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Olusere Olowoyeye, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Noa E. Oren, attorney for Frank Gowans, that the status conference scheduled for January 6, 2015 be vacated and continued to February 3, 2015 at 9:30 a.m.

The reasons for the continuance are to allow defense counsel and her office investigator to view tangible evidence pertaining to the case and to allow counsel additional time further investigate the facts of the case and for defense preparation.

Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded of this order's date through and including February 3, 2015; pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and General Order 479, Local Code T4 based upon continuity of counsel and defense preparation.

Counsel and the defendant also agree that the ends of justice served by the Court granting this continuance outweigh the best interests of the public and the defendant in a speedy trial.

ORDER

IT IS HEREBY ORDERED, the Court, having received, read, and considered the parties' stipulation, and good cause appearing therefrom, adopts the parties' stipulation in its entirety as its order. The Court specifically finds the failure to grant a continuance in this case would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds the ends of justice are served by granting the requested continuance and outweigh the best interests of the public and defendant in a speedy trial.

The Court orders the time from the date the parties stipulated, up to and including February 3, 2015, 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) [reasonable time for counsel to prepare] and General Order 479, (Local Code T4). It is further ordered the January 6, 2015 status conference shall be continued until February 3, 2015, at 9:30 a.m.

Source:  Leagle

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