Filed: May 07, 2018
Latest Update: May 07, 2018
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER TROY L. NUNLEY , 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. By previous order, this matter was set for status on May 10, 2018. 2. By this stipulation, defendant now moves to continue the status conference until June 7, 2018, at 9:30 a.m., and to excl
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER TROY L. NUNLEY , 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. By previous order, this matter was set for status on May 10, 2018. 2. By this stipulation, defendant now moves to continue the status conference until June 7, 2018, at 9:30 a.m., and to exclu..
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STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER
TROY L. NUNLEY, 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. By previous order, this matter was set for status on May 10, 2018.
2. By this stipulation, defendant now moves to continue the status conference until June 7, 2018, at 9:30 a.m., and to exclude time between May 10, 2018, and June 7, 2018, under Local Code T4.
3. The parties agree and stipulate, and request that the Court find the following:
a) The government has produced discovery totaling approximately 1900 pages of documents, reports, photographs, and audio and video recordings. There is additional evidence, including electronic devices, that has been made available for review.
b) Counsel for defendant represents that the defense needs additional time to conduct its investigation (specifically, to obtain records that it has requested from a third party); to hire an expert; to further consult with the defendant regarding the charges, the evidence, and how to proceed in this case; and to otherwise prepare for trial.
c) Counsel for defendant believes that failure to grant the above-requested continuance would deny 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 May 10, 2018 to June 7, 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.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK
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.
FINDINGS AND ORDER
IT IS SO FOUND AND ORDERED.
