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U.S. v. Lara-Morales, 2:15-CR-213 GEB. (2016)

Court: District Court, E.D. California Number: infdco20160303797 Visitors: 31
Filed: Mar. 02, 2016
Latest Update: Mar. 02, 2016
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER GARLAND E. BURRELL, Jr. , Senior District Judge . STIPULATION 1. By previous order, this matter was set for status on March 4, 2016. 2. By this stipulation, defendants now move to continue the status conference until April 8, 2016, and to exclude time between March 4, 2016, and April 8, 2016, under Local Code T4. 3. The parties agree and stipulate, and request that the Court find the following: a) T
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STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER

STIPULATION

1. By previous order, this matter was set for status on March 4, 2016.

2. By this stipulation, defendants now move to continue the status conference until April 8, 2016, and to exclude time between March 4, 2016, and April 8, 2016, under Local Code T4.

3. The parties agree and stipulate, and request that the Court find the following:

a) The government has represented that the discovery associated with this case includes 353 Bates-stamped items, including the contents of at least one cellular phone, various law enforcement reports, and several Spanish-language and videotaped controlled substances transactions. All of this discovery has been either produced directly to counsel and/or made available for inspection and copying. b) Counsel for defendants desire additional time to consult with their clients, to conduct investigation, and to consider legal and strategic options with regard to pretrial motions. c) Counsel for defendants believe that failure to grant the above-requested continuance would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. d) The government does not object to the continuance. e) Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act. f) 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 March 4, 2016 to April 8, 2016, 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 defendant in a speedy trial.

4. 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.

FINDINGS AND ORDER

IT IS SO FOUND AND ORDERED.

Source:  Leagle

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