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U.S. v. BREWER, 2:16-CR-0239 MCE. (2017)

Court: District Court, E.D. California Number: infdco20170410b85 Visitors: 7
Filed: Apr. 06, 2017
Latest Update: Apr. 06, 2017
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; ORDER MORRISON C. ENGLAND, Jr. , District Judge . STIPULATION 1. By previous order, this matter was set for status on April 6, 2017. 2. By this stipulation, defendants now move to continue the status conference until July 13, 2017, and to exclude time between April 6, 2017, and July 13, 2017, under Local Code T4. 3. The parties agree and stipulate, and request that the Court find the following: a) The government has r
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STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; ORDER

STIPULATION

1. By previous order, this matter was set for status on April 6, 2017.

2. By this stipulation, defendants now move to continue the status conference until July 13, 2017, and to exclude time between April 6, 2017, and July 13, 2017, under 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 voluminous business records, email communications, related documents, audio recordings of interviews, and reports. To date, the government has produced discovery on hard drives to the defense comprising well over 100,000 Bates-numbered pages. All of this discovery has been either produced directly to counsel and/or made available for inspection and copying. The United States continues to produce discovery in this matter. b) Counsel for defendants desire additional time consult with their clients, review the voluminous discovery, conduct additional legal and factual research, and otherwise prepare for trial. c) Counsel for defendants believe that failure to grant the above-requested continuance would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. d) The government does not object to the continuance. 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 April 6, 2017 to July 13, 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 defendants' 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.

ORDER

IT IS SO ORDERED.

Source:  Leagle

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