Filed: Apr. 26, 2017
Latest Update: Apr. 26, 2017
Summary: STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE TROY L. NUNLEY , District Judge . Defendant, JACOB COOK, through his undersigned counsel, and the United States, through its undersigned counsel, hereby agree and request that the status conference currently set for Thursday, April 27, 2017 at 9:30 am be vacated and reset as a change of plea for Thursday, May 4, 2017 at 9:30 am. A continuance is necessary to allow defense counsel additional time to investigate and evaluate the case, and t
Summary: STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE TROY L. NUNLEY , District Judge . Defendant, JACOB COOK, through his undersigned counsel, and the United States, through its undersigned counsel, hereby agree and request that the status conference currently set for Thursday, April 27, 2017 at 9:30 am be vacated and reset as a change of plea for Thursday, May 4, 2017 at 9:30 am. A continuance is necessary to allow defense counsel additional time to investigate and evaluate the case, and to..
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STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE
TROY L. NUNLEY, District Judge.
Defendant, JACOB COOK, through his undersigned counsel, and the United States, through its undersigned counsel, hereby agree and request that the status conference currently set for Thursday, April 27, 2017 at 9:30 am be vacated and reset as a change of plea for Thursday, May 4, 2017 at 9:30 am.
A continuance is necessary to allow defense counsel additional time to investigate and evaluate the case, and to confer with the government and his client about a proposed plea agreement recently provided by the government.
The parties stipulate that the failure to grant a continuance in this matter would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence; that the ends of justice served by granting this continuance outweigh the best interest of the public and the defendant in a speedy trial; and that time should be excluded from the computation of time within which trial must commence under the Speedy Trial Act from April 27, 2017, up to and including May 4, 2017, pursuant to 18 U.S.C. § 3161 (h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.
Accordingly, the defense and the United States agree and stipulate that the status conference for defendant JACOB COOK should be reset as a change of plea for Thursday, May 4, 2017 at 9:30 am.
ORDER
The status conference currently set for Thursday, April 27, 2017 at 9:30 am is vacated and reset for change of plea for Thursday, May 4, 2017, at 9:30 am.
I find that the failure to grant such a continuance would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Accordingly, the time within which the trial of this case must be commenced under the Speedy Trial Act is excluded from April 27, 2017, up to and including the date of the new status conference, May 4, 2017, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T4. I specifically find that the ends of justice served by granting this continuance outweigh the best interest of the public and defendant in a speedy trial within the meaning of 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4. IT IS SO ORDERED.
