Filed: Jun. 14, 2016
Latest Update: Jun. 14, 2016
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER TO CONTINUE CASE TO AUGUST 25, 2016 TROY L. NUNLEY , District Judge . STIPULATION Plaintiff United States of America, by and through its counsel of record, and Defendant Michael Kennedy, represented by Attorney Dina Santos, hereby stipulate as follows: 1. By previous order, this matter was set for status on June 16, 2016. 2. By this stipulation, defendant now moves to continue the status conference u
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER TO CONTINUE CASE TO AUGUST 25, 2016 TROY L. NUNLEY , District Judge . STIPULATION Plaintiff United States of America, by and through its counsel of record, and Defendant Michael Kennedy, represented by Attorney Dina Santos, hereby stipulate as follows: 1. By previous order, this matter was set for status on June 16, 2016. 2. By this stipulation, defendant now moves to continue the status conference un..
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STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER TO CONTINUE CASE TO AUGUST 25, 2016
TROY L. NUNLEY, District Judge.
STIPULATION
Plaintiff United States of America, by and through its counsel of record, and Defendant Michael Kennedy, represented by Attorney Dina Santos, hereby stipulate as follows:
1. By previous order, this matter was set for status on June 16, 2016.
2. By this stipulation, defendant now moves to continue the status conference until August 25, 2016, at 9:30 a.m., and to exclude time between June 16, 2016, and August 25, 2016, under Local Code T4. Plaintiff does not oppose this request.
3. The parties agree and stipulate, and request that the Court find the following:
a) Counsel for defendant desires additional time to review the voluminous discovery, continue to conduct investigation, and to otherwise prepare for trial. Mr. Kennedy resides in Florida and Counsel needs time to travel to Florida to review specific portions of the discovery with Mr. Kennedy in preparation for Mr. Kennedy's defense.
b) Counsel for defendants believe that failure to grant the above-requested continuance would deny them the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
c) The government does not object to the continuance.
d) 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.
e) 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 June 16, 2016, to August 25, 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 defendant's 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.
ORDER
IT IS SO FOUND AND ORDERED.
