STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL TO MARCH 21, 2017

GARLAND E. BURRELL, Jr., Senior District Judge.

IT IS HEREBY STIPULATED by and between Phillip A. Talbert, Acting United States Attorney, through Samuel Wong Assistant United States Attorney, attorney for Plaintiff, and Heather E. Williams, Federal Defender, through Assistant Federal Defenders Sean Riordan and Matthew C. Bockmon, attorneys for Russell E. Gilmore, and Richard D. Hemsley, in pro per, that the Trial Confirmation Hearing scheduled for September 16, 2016 and the Trial scheduled for October 18, 2016 be vacated and continued to January 27, 2017 and March 21, 2017, respectively, at 9:00 a.m.

For the reasons stated below, defense counsel require additional time up until the proposed March 21, 2017, trial date for defense preparation and continuity of counsel. Defense counsel need to complete additional pre-trial investigation, including time-consuming out-of-state investigation. The defense teams also need time to evaluate the effect of the Ninth Circuit's decision in United States v. McIntosh, Case No. 15-10117 (9th Cir. Opinion Aug. 16, 2016) and related cases, on their respective positions. Moreover, Matthew C. Bockmon, counsel for GILMORE is scheduled for a medical procedure and is uncertain of his return prior to September 16 and October 18, 2016.

Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded from this order's date through and including March 21, 2017, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) [reasonable time to prepare and continuity of counsel] and General Order 479, Local Code T4 based upon continuity of counsel and defense preparation.

IT IS SO STIPULATED. 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. The Court 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 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.

The Court orders the time from the date the parties stipulated, up to and including March 21, 2017, shall be 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 continuity of defense counsel] and General Order 479, (Local Code T4). It is further ordered that the September 16, 2016 Trial Confirmation Hearing shall be continued to January 27, 2017 at 9:00 a.m. and the October 18, 2016 Trial shall be continued until March 21, 2017, at 9:00 a.m.