Filed: Feb. 09, 2018
Latest Update: Feb. 09, 2018
Summary: STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE TROY L. NUNLEY , District Judge . IT IS HEREBY STIPULATED by and between McGregor W. Scott, United States Attorney through Shelley D. Weger, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Lexi P. Negin, attorneys for Kevin Martin, hereby stipulate as follows: 1. By previous order, this matter was set for a status conference on February 15, 2018. 2. By t
Summary: STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE TROY L. NUNLEY , District Judge . IT IS HEREBY STIPULATED by and between McGregor W. Scott, United States Attorney through Shelley D. Weger, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Lexi P. Negin, attorneys for Kevin Martin, hereby stipulate as follows: 1. By previous order, this matter was set for a status conference on February 15, 2018. 2. By th..
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STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE
TROY L. NUNLEY, District Judge.
IT IS HEREBY STIPULATED by and between McGregor W. Scott, United States Attorney through Shelley D. Weger, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Lexi P. Negin, attorneys for Kevin Martin, hereby stipulate as follows:
1. By previous order, this matter was set for a status conference on February 15, 2018.
2. By this stipulation, defendant now moves to continue the status conference until March 8, 2018, and to exclude time between February 15, 2018, and March 8, 2018, under Local Code T4.
3. The parties agree and stipulate, and request the Court to find the following:
a. The government has produced directly to defense counsel approximately 2,000 pages of discovery as well as audio and video recordings. The government has also made additional discovery and electronic devices available for inspection.
b. Counsel for defendant requires additional time to review the recently provided discovery, conduct investigation, and possibly hire an expert.
c. Counsel for defendant believes that failure to grant the above-requested continuance would deny him/her 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 February 15, 2018 to March 8, 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 defendant's 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.
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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 HEREBY ORDERED, the Court, having received, read, and considered the parties' stipulation, and good cause appearing therefrom, 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 February 15, 2018, up to and including March 8, 2018, 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) [reasonable time for counsel to prepare] and General Order 479, (Local Code T4). It is further ordered the February 15, 2018 status conference shall be continued until March 8, 2018, at 9:30 a.m.
