Filed: Jul. 05, 2017
Latest Update: Jul. 05, 2017
Summary: STIPULATION TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER TROY L. NUNLEY , District Judge . STIPULATION 1. By previous order, the Court continued the status conference in this matter from June 15, to July 13, 2017, per a June 13, 2017 stipulated request by the parties. 2. Counsel for the government, who drafted that stipulation, erred in calculating the correct date to which to continue the status conference, asking for a date of July 13
Summary: STIPULATION TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER TROY L. NUNLEY , District Judge . STIPULATION 1. By previous order, the Court continued the status conference in this matter from June 15, to July 13, 2017, per a June 13, 2017 stipulated request by the parties. 2. Counsel for the government, who drafted that stipulation, erred in calculating the correct date to which to continue the status conference, asking for a date of July 13,..
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STIPULATION TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER
TROY L. NUNLEY, District Judge.
STIPULATION
1. By previous order, the Court continued the status conference in this matter from June 15, to July 13, 2017, per a June 13, 2017 stipulated request by the parties.
2. Counsel for the government, who drafted that stipulation, erred in calculating the correct date to which to continue the status conference, asking for a date of July 13, 2017, instead of July 20, 2017. The parties now make this request for the Court to continue the status now set for July 13, 2017, to July 20, 2017.
3. By this stipulation, the defendants Grant BROWNING and Athanasios DIMOU, and the United States, move to continue the status conference for these two defendants until July 20, 2017, and to exclude time between July 13, 2017, and July 20, 2017, under Local Code T4.
4. The parties agree and stipulate, and request that the Court find the following:
a) The government has represented that it has produced discovery in the form of investigative reports and related documents, as well as electronic surveillance discovery, which the defendants need time to review, discuss with their counsel, and pursue investigation.
b) 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.
c) 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.
d) 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 July 13, 2017 to July 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 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.
5. 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 HEREBY ORDERED, the Court, having received, read, and considered the parties' stipulation, and good cause appearing therefore, adopts the parties' stipulation in its entirety as its order. The Court specifically finds the failure to grant a continuance in this case would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds the ends of justice are served by granting the requested continuance and outweigh the best interests of the public and defendant in a speedy trial.
The Court orders the time from the date the parties stipulated, up to and including July 20, 2017, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) (Local Code T4). It is further ordered that the July 13, 2017 status conference shall be continued until July 20, 2017, at 9:30 a.m.
IT IS SO FOUND AND ORDERED.
