Filed: Jun. 17, 2019
Latest Update: Jun. 17, 2019
Summary: STIPULATION TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER MORRISON C. ENGLAND, JR. , District Judge . STIPULATION 1. By previous order, this matter was set for status on June 6, 2019. 2. On May 9, 2019, this case was ordered related to the existing matter of United States v. LNU, et al. , Case No. 2:18-CR-164-MCE, and assigned to the Honorable Judge Morrison C. England, Jr. That existing matter is set for a status conference on August 2
Summary: STIPULATION TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER MORRISON C. ENGLAND, JR. , District Judge . STIPULATION 1. By previous order, this matter was set for status on June 6, 2019. 2. On May 9, 2019, this case was ordered related to the existing matter of United States v. LNU, et al. , Case No. 2:18-CR-164-MCE, and assigned to the Honorable Judge Morrison C. England, Jr. That existing matter is set for a status conference on August 22..
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STIPULATION TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER
MORRISON C. ENGLAND, JR., District Judge.
STIPULATION
1. By previous order, this matter was set for status on June 6, 2019.
2. On May 9, 2019, this case was ordered related to the existing matter of United States v. LNU, et al., Case No. 2:18-CR-164-MCE, and assigned to the Honorable Judge Morrison C. England, Jr. That existing matter is set for a status conference on August 22, 2019. Luis Armando Rios-Garcia is a defendant in both matters.
3. By this stipulation, counsel for the United States and counsel for defendant Luis Armando Rios-Garcia move to continue the status conference in this matter until August 22, 2019, to bring it into synchronous schedule with the related matter, thereby conserving judicial resources, and to exclude time between June 6, 2019, and August 22, 2019, under Local Code T4.
4. The parties agree and stipulate, and request that the Court find the following:
a) The government has represented that it has produced discovery in the related matter, and is in the process of producing additional discovery in this matter, in the form of investigative reports and photographs, as well as video files, including post-arrest interviews, which the defendant will need time to review, discuss with his counsel, and pursue investigation.
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 June 6, 2019 to August 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.
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.
Dated: June 4, 2019 McGREGOR W. SCOTT
United States Attorney
/s/ James R. Conolly
JAMES R. CONOLLY
Assistant United States Attorney
Dated: June 4, 2019 /s/ Peter Kmeto
PETER KMETO
Counsel for Defendant
Luis Armando Rios-Garcia
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 August 22, 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 June 6, 2019 status conference shall be continued until August 22, 2019, at 10:00 a.m.
