Filed: Jul. 08, 2019
Latest Update: Jul. 08, 2019
Summary: STIPULATION AND ORDER MICHAEL EDWARD REARDON , District Judge . Plaintiff United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows: 1. This matter was previously set for a status conference before Magistrate Judge Barbara A. McAuliffe on August 12, 2019, at 1 p.m. 2. As to this defendant only, the parties agree to continue the matter to September 3, 2019, at 10 a.m. for a change of plea before the dis
Summary: STIPULATION AND ORDER MICHAEL EDWARD REARDON , District Judge . Plaintiff United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows: 1. This matter was previously set for a status conference before Magistrate Judge Barbara A. McAuliffe on August 12, 2019, at 1 p.m. 2. As to this defendant only, the parties agree to continue the matter to September 3, 2019, at 10 a.m. for a change of plea before the dist..
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STIPULATION AND ORDER
MICHAEL EDWARD REARDON, District Judge.
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows:
1. This matter was previously set for a status conference before Magistrate Judge Barbara A. McAuliffe on August 12, 2019, at 1 p.m.
2. As to this defendant only, the parties agree to continue the matter to September 3, 2019, at 10 a.m. for a change of plea before the district court to ensure continuity of counsel and availability of the defendant, who is subject to remand at the time of his entry of a guilty plea.
3. The parties further agree and stipulate, and request that the Court find the following:
a. The parties believe that failure to grant the above-requested continuance would deny the defendant the reasonable time necessary to ensure continuity of defense counsel and availability of the defendant.
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 August 12, 2019, to September 3, 2019, inclusive, is deemed excludable pursuant to 18 U.S.C. § 3161(h)(7)(A), because it results from a continuance granted by the Court at the parties' 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
IT IS SO STIPULATED.
DATED: JUly 5, 2019. Respectfully submitted,
McGREGOR W. SCOTT
United States Attorney
/s/ Karen A. Escobar
KAREN A. ESCOBAR
Assistant United States Attorney
DATED: July 5, 2019.
/s/Michael Edward Reardon
MICHAEL EDWARD REARDON
Counsel for Halen Steven Patrick Frazier
ORDER
Good cause having been shown, the Status Conference currently set for August 12, 2019 is vacated and a Change of Plea Hearing is set for September 3, 2019, at 10:00 a.m. in courtroom 5 before District Judge Dale A. Drozd. Time shall be excluded by stipulation from the parties and pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv).
IT IS SO ORDERED.
