Filed: Jul. 30, 2018
Latest Update: Jul. 30, 2018
Summary: STIPULATION REGARDING CONTINUANCE OF STATUS CONFERENCE; FINDINGS AND ORDER JOHN A. MENDEZ , District Judge . STIPULATION The defendant, Aaron Lewis Lindsey, by and through his counsel, Toni White, and the Government, by and through its counsel, Jason Hitt, hereby stipulate as follows: 1. By previous order, this matter was set for status on July 31, 2018 2. By this stipulation, defendant now moves to continue the status conference until August 21, 2018 at 9:15 a.m., and to exclude time be
Summary: STIPULATION REGARDING CONTINUANCE OF STATUS CONFERENCE; FINDINGS AND ORDER JOHN A. MENDEZ , District Judge . STIPULATION The defendant, Aaron Lewis Lindsey, by and through his counsel, Toni White, and the Government, by and through its counsel, Jason Hitt, hereby stipulate as follows: 1. By previous order, this matter was set for status on July 31, 2018 2. By this stipulation, defendant now moves to continue the status conference until August 21, 2018 at 9:15 a.m., and to exclude time bet..
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STIPULATION REGARDING CONTINUANCE OF STATUS CONFERENCE; FINDINGS AND ORDER
JOHN A. MENDEZ, District Judge.
STIPULATION
The defendant, Aaron Lewis Lindsey, by and through his counsel, Toni White, and the Government, by and through its counsel, Jason Hitt, hereby stipulate as follows:
1. By previous order, this matter was set for status on July 31, 2018
2. By this stipulation, defendant now moves to continue the status conference until August 21, 2018 at 9:15 a.m., and to exclude time between July 31, 2018, and August 21, 2018 at 9:15 a.m., under Local Code T4.
3. The parties agree and stipulate, and request that the Court find the following:
a) Counsel for the Government and counsel for the defendant continue to work together in this matter toward a resolution. A first draft of a plea agreement has been exchanged and counsels have since had ongoing discussion about resolution. Two counter-offers have been made. Defense counsel is awaiting receipt of defendant's parole records and has raised issues relating to errors on defendant's criminal history report as those items may impact resolution.
b) Counsel for defendant desires this time to continue to review discovery, to continue to consult with her client, review the current charges, conduct investigation and research related to the charges and to discuss potential resolutions with her client and 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 July 31, 2018 to August 21, 2018 at 9:15 a.m., 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.
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.
