Filed: Jan. 19, 2017
Latest Update: Jan. 19, 2017
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER GARLAND E. BURRELL, Jr. , Senior 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 January 20, 2017. 2. By this stipulation, defendant now moves to: a) Vacate the status hearing scheduled for
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER GARLAND E. BURRELL, Jr. , Senior 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 January 20, 2017. 2. By this stipulation, defendant now moves to: a) Vacate the status hearing scheduled for J..
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STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER
GARLAND E. BURRELL, Jr., Senior 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 January 20, 2017.
2. By this stipulation, defendant now moves to:
a) Vacate the status hearing scheduled for January 20, 2017;
b) Schedule a trial confirmation hearing at 9:00 a.m. on May 12, 2017;
c) Order the defendant, defense counsel and at least one prosecutor to appear at the trial confirmation hearing consistent with Local Rule 450;
d) Schedule a jury trial to commence at 9:00 a.m. on June 20, 2017, which the parties estimate will take approximately one court week (Tuesday through Thursday); and
e) Exclude time between January 20, 2017, and June 20, 2017, under the Speedy Trial Act, Local Code T4.
3. 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 approximately 145 pages of paper discovery, which has been produced directly to counsel and/or made available for inspection and copying.
b) The government has disclosed to counsel the existence of additional records related to confidential source reporting, but has not produced those materials to counsel.
c) Counsel for defendant desires additional time review the discovery and prepare the defendant for trial.
d) Counsel for defendant believes that failure to grant the above-requested continuance would deny him/her the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
e) The government does not object to the continuance.
f) 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.
g) 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 January 20, 2017 to June 20, 2017, 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.
FINDINGS AND ORDER
IT IS SO FOUND AND ORDERED.
