Filed: Dec. 01, 2015
Latest Update: Dec. 01, 2015
Summary: STIPULATION TO CONTINUE STATUS CONFERENCE/TRIAL SETTING; ORDER 18 U.S.C. 3161 MORRISON C. ENGLAND, Jr. , Chief District Judge . STIPULATION Plaintiff United States of America, by and through its counsel of record Todd Pickles, and defendants Aleksandr Kovalev and Arthur Menefee, by and through their respective counsel of record, hereby stipulate to continue the previously set status conference and trial setting from December 4, 2015, to December 10, 2015. This continuance is at the requ
Summary: STIPULATION TO CONTINUE STATUS CONFERENCE/TRIAL SETTING; ORDER 18 U.S.C. 3161 MORRISON C. ENGLAND, Jr. , Chief District Judge . STIPULATION Plaintiff United States of America, by and through its counsel of record Todd Pickles, and defendants Aleksandr Kovalev and Arthur Menefee, by and through their respective counsel of record, hereby stipulate to continue the previously set status conference and trial setting from December 4, 2015, to December 10, 2015. This continuance is at the reque..
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STIPULATION TO CONTINUE STATUS CONFERENCE/TRIAL SETTING; ORDER 18 U.S.C. § 3161
MORRISON C. ENGLAND, Jr., Chief District Judge.
STIPULATION
Plaintiff United States of America, by and through its counsel of record Todd Pickles, and defendants Aleksandr Kovalev and Arthur Menefee, by and through their respective counsel of record, hereby stipulate to continue the previously set status conference and trial setting from December 4, 2015, to December 10, 2015. This continuance is at the request of counsel for Mr. Kovalev, who is scheduled to appear in the Northern District of California, Oakland Branch, in United States vs. Cervantes, et al., CR. 12-0792-YGR.
The parties further agree and request that the Court find that the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendants in a trial within the original date prescribed by the Speedy Trial Act.
a. 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 December 4 through December 10, 2015, 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 defendants' 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 defendants in a speedy trial.
b. This time period is also deemed excludable pursuant to 18 U.S.C. § 3161(h)(7)(A), B(ii) [Local Code T2] on the basis that the case is complex due to the nature of the prosecution.
c. 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: November 18, 2015 BENJAMIN B. WAGNER
United States Attorney
/s/ Todd A. Pickles
TODD A. PICKLES, ESQ.
Assistant United States Attorney
ORDER
The status conference previously set for December 4, 2015, is hereby CONTINUED to December 10, 2015, at 9:00 a.m., pursuant to the parties' stipulation. 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 December 4, 2015 through December 10, 2015, 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 defendants' 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 defendants in a speedy trial.
IT IS SO ORDERED.
