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U.S. v. Jennings, 1:17CR00155 LJO-SKO. (2018)

Court: District Court, E.D. California Number: infdco20180305723 Visitors: 18
Filed: Mar. 02, 2018
Latest Update: Mar. 02, 2018
Summary: STIPULATION REGARDING CONTINUANCE AND EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER SHEILA K. OBERTO , Magistrate Judge . STIPULATION Plaintiff United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows: 1. By previous order, this matter was set for a status conference on March 19, 2018, at 1 p.m. and time was ordered excluded in the interest of justice. 2. By this stipulation, due
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STIPULATION REGARDING CONTINUANCE AND EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER

STIPULATION

Plaintiff United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows:

1. By previous order, this matter was set for a status conference on March 19, 2018, at 1 p.m. and time was ordered excluded in the interest of justice.

2. By this stipulation, due to the unavailability of defense counsel and for the purpose of reviewing discovery, considering the government's plea offer, and conducting further investigation, the parties move to continue the matter to April 2, 2018, at 1:00 p.m.

3. The parties agree and stipulate, and request that the Court find the following:

a. Defense counsel is unavailable on March 19.

b. Counsel for the parties believe that additional time is warranted to review discovery, consider the government's plea offer, and conduct further investigation.

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 the 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 March 19, 2018, to April 2, 2018, inclusive, is deemed excludable, pursuant to 18 U.S.C. § 3161(h)(7)(A), for the purpose of trial preparation and plea negotiations. The parties further agree that the ends of justice served by excluding time to and through April 2, 2018, outweigh the best interest of the public in a speedy trail

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 SO ORDERED.

Source:  Leagle

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