STIPULATION AND ORDER (AMENDED) CONTINUING STATUS CONFERENCE AND EXCLUDING TIME

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

It is hereby stipulated and agreed between defendant, Robert C. Chavez, and plaintiff, United States of America, that the status conference scheduled for March 3, 2017, may be continued to April 7, 2017, at 9:00 a.m.

Defense counsel continues to gather additional information in mitigation to present to the government but has been delayed by the unavailability of a key witness. That information bears on potential trial preparation by both parties as well as the resolution that has been proposed. Without completing the investigation, defense counsel is unable to evaluate the proposed resolution or prepare effectively for trial. The parties therefore agree that time under the Speedy Trial Act should be excluded from the date of this order through April 7, 2017, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (b)(iv), to afford the defense adequate time to investigate and to effectively prepare. They agree that the interests of justice served by a continuance outweigh the best interests of Mr. Chavez and the public in a speedy trial.

ORDER

The status conference scheduled for March 3 is continued to April 7, 2017, at 9:00 a.m. The court finds that a continuance is necessary for the reasons stated above and that the ends of justice served by granting a continuance outweigh the best interests of the public and Mr. Chavez in a speedy trial. Time is therefore excluded from the date of this order through April 7, 2017, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).

IT IS SO ORDERED.