Filed: Nov. 29, 2016
Latest Update: Nov. 29, 2016
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; ORDER MORRISON C. ENGLAND, Jr. , District Judge . STIPULATION Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows: 1. By previous order, this matter was set for status on December 7, 2016. 2. On November 21, 2016, the Court, by minute order, continued this matter to December 15, 2016, at 10:00 a.m., and encour
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; ORDER MORRISON C. ENGLAND, Jr. , District Judge . STIPULATION Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows: 1. By previous order, this matter was set for status on December 7, 2016. 2. On November 21, 2016, the Court, by minute order, continued this matter to December 15, 2016, at 10:00 a.m., and encoura..
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STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; ORDER
MORRISON C. ENGLAND, Jr., District Judge.
STIPULATION
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows:
1. By previous order, this matter was set for status on December 7, 2016.
2. On November 21, 2016, the Court, by minute order, continued this matter to December 15, 2016, at 10:00 a.m., and encouraged the parties to file a notice of exclusion of time if amenable.
3. By this stipulation, the parties now move to exclude time between December 7, 2016, and December 15, 2016, under Local Code T4.
4. 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 investigative reports and related documents, accounting and bank records, tax filings, and other relevant documents, totaling approximately 54,939 pages to date. All of this discovery has been produced directly to counsel for the defendant.
b) Counsel for the defendant desires additional time to consult with his client, conduct additional legal and factual research in light of a recent presentation by the government, and review and analyze the voluminous discovery in this matter.
c) Counsel for the defendant believes that failure to grant the above-requested continuance would deny him the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
d) The government does not oppose the request for a continuance based on the amount of discovery and need for defense preparation. The government is prepared to set a trial date at a time agreeable to the defendant.
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 December 7, 2016 to December 15, 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 the parties' 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.
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 ORDERED.
