Filed: Nov. 27, 2018
Latest Update: Nov. 27, 2018
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER JOHN A. MENDEZ , District Judge . IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Cameron Desmond, Assistant United States Attorney, attorney for Plaintiff, and Steven B. Plesser, attorney for Defendant, that the status conference currently set for December 4, 2018 should be continued until December 11, 2018 at 9:15 a.m., and to exclude time between December 4
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER JOHN A. MENDEZ , District Judge . IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Cameron Desmond, Assistant United States Attorney, attorney for Plaintiff, and Steven B. Plesser, attorney for Defendant, that the status conference currently set for December 4, 2018 should be continued until December 11, 2018 at 9:15 a.m., and to exclude time between December 4,..
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STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER
JOHN A. MENDEZ, District Judge.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Cameron Desmond, Assistant United States Attorney, attorney for Plaintiff, and Steven B. Plesser, attorney for Defendant, that the status conference currently set for December 4, 2018 should be continued until December 11, 2018 at 9:15 a.m., and to exclude time between December 4, 2018 and December 11, 2018, under Local Code T4.
The parties agree and stipulate, and request that the Court find the following:
1. Subsequent to negotiations between the parties, defendant has agreed to accept a plea agreement from the Government. However, defense counsel has a conflicting court appearance on December 4th in a separate criminal matter in State court. This matter would be very difficult to reschedule as it is a continuing hearing with live victim testimony and out-of-town counsel. Thus, defense counsel cannot appear on the scheduled date of December 4th.
2. The government is unopposed to the request for the continuance.
3. 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.
4. 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 4, 2018 to December 11, 2018, inclusive, is deemed excludable pursuant to 18 U.S.C. section 3161(h)(7)(A), B(iv)[Local Code T4] because it results from a continuance granted by the Court at counsel's request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the interest of the public and the defendant in a speedy trial.
5. 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.
