Filed: Nov. 15, 2018
Latest Update: Nov. 15, 2018
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER JOHN A. MENDEZ , District Judge . STIPULATION 1. By previous order, this matter was set for status on December 11, 2018, and time was excluded through that date. 2. By this stipulation, the defendants now move to continue the status conference until January 22, 2019 at 9:15 a.m., and to exclude time between December 11, 2018, and January 22, 2019, under Local Code T4. 3. The parties agree and stipula
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER JOHN A. MENDEZ , District Judge . STIPULATION 1. By previous order, this matter was set for status on December 11, 2018, and time was excluded through that date. 2. By this stipulation, the defendants now move to continue the status conference until January 22, 2019 at 9:15 a.m., and to exclude time between December 11, 2018, and January 22, 2019, under Local Code T4. 3. The parties agree and stipulat..
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STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER
JOHN A. MENDEZ, District Judge.
STIPULATION
1. By previous order, this matter was set for status on December 11, 2018, and time was excluded through that date.
2. By this stipulation, the defendants now move to continue the status conference until January 22, 2019 at 9:15 a.m., and to exclude time between December 11, 2018, and January 22, 2019, under Local Code T4.
3. The parties agree and stipulate, and request that the Court find the following:
a) The government has produced to defense counsel over 2000 pages of discovery, as well as a significant amount of audio and video.
b) The defendants were arraigned on the Superseding Indictment on November 14, 2018, and time was excluded under Local Code T4 through the presently set status conference date of December 11, 2018.
c) The government will be producing a handful of additional documents related to the Superseding Indictment in the next couple of weeks.
d) Counsel for defendants require additional time to review the discovery, conduct investigation, and discuss potential resolutions with their clients.
e) Counsel for defendants believe that failure to grant the above-requested continuance would deny them the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
f) The government does not object to the continuance.
g) 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.
h) 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 December 11, 2018, to January 22, 2019, 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.
