STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE, SETTING A HEARING ON DEFENDANT'S MOTION TO SUPPRESS EVIDENCE AND ESTABLISHING A BRIEFING SCHEDULE

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

The United States of America, through its counsel Assistant U. S. Attorney Justin L. Lee, and Joe Nersesyan, through his counsel Clyde M. Blackmon, stipulate to the continuance of the status conference now scheduled for 9:00 a.m. on December 2, 2016, to January 13, 2017 at 9:00 a.m. The parties also stipulate that a hearing on Mr. Nersesyan's motion to suppress evidence may be held at the same date and time. They further stipulate to a briefing schedule in connection with Mr. Nersesyan's motion.

Mr. Nersesyan is filing herewith a Notice of Motion and Motion to Suppress Evidence for Failure to Provide Miranda Admonition Prior to Custodial Interrogation. The parties have agreed that the hearing on that motion can be held at 9:00 a.m. on January 13, 2017. They have also agreed that the government's opposition to the motion will be filed no later than December 19, 2016, and Mr. Nersesyan's reply to the government's opposition will be filed by December 27, 2016. Therefore, the parties request the Court to continue the status conference to January 13, 2017, set a hearing on Mr. Nersesyan's motion to suppress evidence at that same date and time, and order the briefing schedule that they have agreed upon.

The parties further stipulate that the time from the currently set status conference on December 2, 2016, through January 13, 2017, the requested date for the continued status conference and the hearing on Mr. Nersesyan's motion to suppress evidence, should be excluded from the computation of the time period in which trial should commence under the Speedy Trial Act as delay resulting from a pretrial motion. 18 U.S.C. § 3161(h)(1)(D). For this reason, the parties stipulate and agree that the ends of justice served by granting the requested continuance of the status conference outweigh the best interests of the public and Mr. Nersesyan in a speedy trial.

IT IS SO STIPULATED.

[PROPOSED] ORDER

GOOD CAUSE APPEARING upon the stipulation of the parties the status conference currently set for December 2, 2016, is continued to January 13, 2017, at 9:00 a.m., and a hearing on defendant's Notice of Motion and Motion to Suppress Evidence for Failure to Provide a Miranda Admonition Prior to Custodial Interrogation shall be held at the same date and time. It is further ordered that the government's opposition to defendant's motion shall be filed by December 19, 2016, and defendant's reply to the government's opposition shall be filed by December 27, 2016.

Time is excluded under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(1)(D) due to delay resulting from defendant's pretrial motion to suppress evidence. For that reason, the Court finds that the ends of justice served by granting the continuance of the status conference outweigh the best interests of the public and Mr. Nersesyan in a speedy trial.