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U.S. v. MALAUULU, 2:15-cr-124 GEB. (2016)

Court: District Court, E.D. California Number: infdco20160129a83 Visitors: 11
Filed: Jan. 28, 2016
Latest Update: Jan. 28, 2016
Summary: STIPULATION AND [PROPOSED] ORDER CONTINUING CASE AND EXCLUDING TIME (AMENDED) GARLAND E. BURRELL, Jr. , Senior District Judge . IT IS HEREBY STIPULATED by and between Assistant United States Attorney Christiaan Highsmith, counsel for Plaintiff, and Assistant Federal Defender Matthew Bockmon, counsel for Defendant Epati Malauulu, Jeffrey L. Staniels, CJA Counsel for Defendant John Ortiz, Kyle Knapp, CJA Counsel for Defendant Algernon Tamasoa, and Dina Santos. CJA Counsel for Francisco Paloai
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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE AND EXCLUDING TIME (AMENDED)

IT IS HEREBY STIPULATED by and between Assistant United States Attorney Christiaan Highsmith, counsel for Plaintiff, and Assistant Federal Defender Matthew Bockmon, counsel for Defendant Epati Malauulu, Jeffrey L. Staniels, CJA Counsel for Defendant John Ortiz, Kyle Knapp, CJA Counsel for Defendant Algernon Tamasoa, and Dina Santos. CJA Counsel for Francisco Paloai, that the status conference in this case be continued from its current status date of January 271, 2016, until March 4, 2016, for status.

Counsel for the defendants intend to file and calendar a motion for further discovery pertaining to wire-tap related documentation which the government thus far has declined to disclose without a motion and court order. This motion will be filed and calendared before the duty magistrate before the proposed new status date.

All defense counsel believe that pursuit of the discovery sought is necessary to adequately investigate potential issues relating to the validity of the wiretaps in this case.

It is further stipulated that time for trial under the Speedy Trial Act, 18 U.S.C. § 3161 et. seq. be excluded pursuant to 18 U.S.C. § 3161 (h)(7)(B)(iv), Local Code T-4. The parties agree that the time requested is reasonably necessary in order to provide adequate time for defense preparation and that the ends of justice served by granting this request outweigh the best interest of the public and the defendants in a speedy trial.

Therefore the court is requested to grant this request, continue the case until March 4, 2016, and make the requested finding.

[PROPOSED] ORDER

The attached stipulation is hereby APPROVED and the captioned case is continued from January 29, 2016 to March 4, 2016 at 9:00 a.m.

The court finds for the reasons stated in the stipulation that the interests of justice served by granting this continuance outweigh the interests of the public and the defendants in a speedy trial. Time for trial under the Speedy Trial Act is therefore excluded between January 27, 2016 and March 4, 2016 pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) — Local Code T-4

IT IS SO ORDERED.

FootNotes


1. Time exclusions previously entered before the case was transferred to this court utilized Judge Mueller's motion dates; for that reason time was excluded only through Wednesday, January 27, 2016.
Source:  Leagle

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