Filed: Mar. 06, 2019
Latest Update: Mar. 06, 2019
Summary: STIPULATION TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER GARLAND E. BURRELL, JR. , Senior District Judge . STIPULATION 1. By previous order, this matter was set for status on March 8, 2019. 2. By this stipulation, the parties move to continue the status conference until May 17, 2019, and to exclude time between March 8, 2019, and May 17, 2019, under Local Code T4. 3. The parties agree and stipulate, and request that the Cour
Summary: STIPULATION TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER GARLAND E. BURRELL, JR. , Senior District Judge . STIPULATION 1. By previous order, this matter was set for status on March 8, 2019. 2. By this stipulation, the parties move to continue the status conference until May 17, 2019, and to exclude time between March 8, 2019, and May 17, 2019, under Local Code T4. 3. The parties agree and stipulate, and request that the Court..
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STIPULATION TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER
GARLAND E. BURRELL, JR., Senior District Judge.
STIPULATION
1. By previous order, this matter was set for status on March 8, 2019.
2. By this stipulation, the parties move to continue the status conference until May 17, 2019, and to exclude time between March 8, 2019, and May 17, 2019, under Local Code T4.
3. The parties agree and stipulate, and request that the Court find the following:
a) Defense counsel requires further time to prepare. Discovery in this case has been voluminous, including approximately 1,400 pages of financial records, which is in addition to the earlier discovery in the form of investigative reports, related documents, and related photographs. Most recently, the government produced further discovery in the form of additional financial documents, cell phone location tracking data, and telephone toll logs. The defendant still requires time to review all of the foregoing, and discuss with his counsel. Defense plans to now conduct an independent investigation as to the facts of the case.
b) Counsel for the defendant believes that failure to grant the above-requested continuance would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
c) 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.
d) 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 8, 2019 to May 17, 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 HEREBY ORDERED, the Court, having received, read, and considered the parties' stipulation, and good cause appearing therefore, adopts the parties' stipulation in its entirety as its order. The Court specifically finds the failure to grant a continuance in this case would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds the ends of justice are served by granting the requested continuance and outweigh the best interests of the public and defendant in a speedy trial.
The Court orders the time from the date the parties stipulated, up to and including May 17, 2019, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) (Local Code T4). It is further ordered that the March 8, 2019 status conference shall be continued until May 17, 2019, at 9:00 a.m.
IT IS SO FOUND AND ORDERED.
