Filed: Dec. 07, 2015
Latest Update: Dec. 07, 2015
Summary: STIPULATION AND ORDER CONTININUING STATUS CONFERENCE AND EXCLUDING TIME MORRISON C. ENGLAND, Jr. , Chief District Judge . IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Brian Fogerty, Assistant United States Attorney, attorney for Plaintiff, Heather Williams, Federal Defender, through Assistant Federal Defender Matthew C. Bockmon, attorney for Michael Holmes that the status conference hearing date of December 3, 2015 be vacated, and the matter be
Summary: STIPULATION AND ORDER CONTININUING STATUS CONFERENCE AND EXCLUDING TIME MORRISON C. ENGLAND, Jr. , Chief District Judge . IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Brian Fogerty, Assistant United States Attorney, attorney for Plaintiff, Heather Williams, Federal Defender, through Assistant Federal Defender Matthew C. Bockmon, attorney for Michael Holmes that the status conference hearing date of December 3, 2015 be vacated, and the matter be ..
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STIPULATION AND ORDER CONTININUING STATUS CONFERENCE AND EXCLUDING TIME
MORRISON C. ENGLAND, Jr., Chief District Judge.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Brian Fogerty, Assistant United States Attorney, attorney for Plaintiff, Heather Williams, Federal Defender, through Assistant Federal Defender Matthew C. Bockmon, attorney for Michael Holmes that the status conference hearing date of December 3, 2015 be vacated, and the matter be set for status conference on January 14, 2016 at 9:00 a.m.
The continuance is requested to allow defense counsel adequate to time review the proposed plea offer with the defendant and to conduct further case investigation.
Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded of this order's date through and including January 14, 2016; 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.
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. It 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 further 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. Time from the date the parties stipulated, up to and including January 14, 2016, is 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 December 3, 2015 status conference shall be continued until January 14, 2016, at 9:00 a.m.
IT IS SO ORDERED.
