Filed: May 18, 2017
Latest Update: May 18, 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. This matter is set for a status conference on May 19, 2017. By this stipulation, the parties now seek to vacate the May 19 date and continue the status conference t
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. This matter is set for a status conference on May 19, 2017. By this stipulation, the parties now seek to vacate the May 19 date and continue the status conference to..
More
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. This matter is set for a status conference on May 19, 2017. By this stipulation, the parties now seek to vacate the May 19 date and continue the status conference to June 30, 2017, and to exclude time between May 19, 2017 and June 30, 2017, under Local Code T4.
2. The parties agree and stipulate, and request that the Court find the following:
a) The Government has provided discovery comprising fifty-one pages of reports and twelve discs containing photos, audio, and visual evidence.
b) Counsel for Defendant is consulting with Defendant about how to proceed with the case, and will need time to review the discovery with Defendant and consult further on how to proceed. Counsel for Defendant has exercised due diligence but requires additional time.
c) The parties submit that failure to grant the requested continuance would deny defense counsel reasonable time to consult with his client and assess how to proceed with this case, taking into account the exercise of due diligence.
d) Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and Defendant in a trial within the original date prescribed by the Speedy Trial Act.
e) 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 May 19, 2017 to June 30, 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 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 Defendant in a speedy trial.
3. 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.
