Filed: Nov. 25, 2015
Latest Update: Nov. 25, 2015
Summary: STIPULATION AND [PROPOSED] ORDER TO VACATE IDENTITY HEARING AND SET FOR RULE 20 STATUS AND DETENTION HEARING CAROLYN K. DELANEY , Magistrate Judge . IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Matthew Yelovich, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Hannah R. Labaree, attorney for Abelardo Rodriguez, that the status conference hearing for Identity and Rule 20 tran
Summary: STIPULATION AND [PROPOSED] ORDER TO VACATE IDENTITY HEARING AND SET FOR RULE 20 STATUS AND DETENTION HEARING CAROLYN K. DELANEY , Magistrate Judge . IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Matthew Yelovich, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Hannah R. Labaree, attorney for Abelardo Rodriguez, that the status conference hearing for Identity and Rule 20 trans..
More
STIPULATION AND [PROPOSED] ORDER TO VACATE IDENTITY HEARING AND SET FOR RULE 20 STATUS AND DETENTION HEARING
CAROLYN K. DELANEY, Magistrate Judge.
IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Matthew Yelovich, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Hannah R. Labaree, attorney for Abelardo Rodriguez, that the status conference hearing for Identity and Rule 20 transfer on December 1, 2015 at 2:00 p.m. be converted to a Rule 20 Status and Detention Hearing, and continued to December 2, 2015 at 2:00 p.m.
Defense counsel wishes to present to the Court a potential bond package for the release of Mr. Rodriguez.
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 December 2, 2015 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
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the December 1, 2015 hearing for Identity and Rule 20 transfer be converted to a Rule 20 Status and Detention Hearing, and continued to December 2, 2015, at 2:00 p.m. Based on the representation of defense counsel and good cause appearing there from, 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 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. It is ordered that time up to and including the December 2, 2015 status conference and detention hearing 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, to allow defense counsel reasonable time to prepare.
IT IS SO ORDERED.
