STIPULATION REGARDING FURTHER CONTINUANCE AND EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER

BARBARA A. McAULIFFE, Magistrate Judge.

STIPULATION

The parties, through their counsel of record, hereby stipulate as follows:

1. By previous order, this matter was set for a status conference on Monday, January 11, 2016, at 1:00 p.m. By this stipulation, the parties agreed to continue the matter to February 22, 2016, at 1:00 p.m. By way of further stipulation, the parties then agreed to continue the matter to April 25, 2016, at 1:00 p.m. By way of further stipulation the parties then continued the matter to June 27, 2016, at 1:00 p.m. By way of further stipulation, the parties continued the matter to August 8, 2016 at 1:00 p.m.

2. However, the defendant recently suffered a significant back injury, and defense counsel will be out of the country on August 8th. Therefore, by way of this stipulation, the parties seek a further brief continuance to and until September 12, 2016 at 1:00 p.m.

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

a. The parties believe that failure to grant the above-requested continuance would deny the defendant an opportunity to expeditiously resolve this matter. Plea negotiations and investigation are ongoing.

b. 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.

c. 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 August 8, 2016 to September 12, 2016, inclusive, is deemed excludable pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B) (i) because it would allow the parties sufficient time to expeditiously resolve this matter and the failure to grant the continuance would create a miscarriage of justice. Thus, the ends of justice would be served by taking such action and would outweigh the best interest of the public and the defendant in a speedy trial.

5. 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 THAT the 2nd Status Conference is continued from August 8, 2016 to Monday, September 12, 2016 at 1:00 PM in courtroom 8 before Judge McAuliffe. Time excluded pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B) (i).

IT IS SO ORDERED.