Filed: Jan. 18, 2018
Latest Update: Jan. 18, 2018
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; ORDER MORRISON C. ENGLAND, JR. , 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 January 18, 2018. By this stipulation, the parties now seek to vacate the January 18 date and continue the status conference to April 5, 2018, and t
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; ORDER MORRISON C. ENGLAND, JR. , 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 January 18, 2018. By this stipulation, the parties now seek to vacate the January 18 date and continue the status conference to April 5, 2018, and to..
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STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; ORDER
MORRISON C. ENGLAND, JR., 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 January 18, 2018. By this stipulation, the parties now seek to vacate the January 18 date and continue the status conference to April 5, 2018, and to exclude time between January 18 and April 5, 2018, under Local Code T4.
2. 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 more than 500 pages of documents and additional audio and video recordings. All of this discovery has either been produced directly to counsel and/or made available for inspection and copying.
b) Counsel for Defendant is consulting with Defendant about how to proceed with the case, and needs time to review the discovery with Defendant and consult further on how to proceed. Further, the Government and Defendant's Counsel are presently discussing a possible resolution, and it is possible that Defendant may elect to enter a change of plea on April 5, 2018.
c) The parties submit that failure to grant the requested continuance would deny Defendant's counsel reasonable time to consult with her 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 January 17, 2018 to April 5, 2018, 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.
