Filed: Jul. 15, 2019
Latest Update: Jul. 15, 2019
Summary: AMENDED STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER GARLAND E. BURRELL, JR. , Senior District Judge . Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows: 1. A status conference is currently scheduled for July 12, 2019. 2. By this stipulation, the defendant now moves to vacate the current status conference and set a new stat
Summary: AMENDED STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER GARLAND E. BURRELL, JR. , Senior District Judge . Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows: 1. A status conference is currently scheduled for July 12, 2019. 2. By this stipulation, the defendant now moves to vacate the current status conference and set a new statu..
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AMENDED STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER
GARLAND E. BURRELL, JR., Senior District Judge.
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows:
1. A status conference is currently scheduled for July 12, 2019.
2. By this stipulation, the defendant now moves to vacate the current status conference and set a new status conference for July 26, 2019, and to exclude time between July 11, 2019 and July 26, 2019 under the Local Code T-4 (to allow defense counsel time to prepare). The parties agree and stipulate, and request the Court find the following.
a. Counsel for the defendant was appointed on May 25, 2018.
b. The government has produced approximately 1,300 pages of discovery and 26 audio files.
c. Counsel for the defendant needs additional time to review the discovery, conduct investigation, interview potential witnesses, and meet with the defendant.
d. Counsel for the defendant believes the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence
e. The government does not object to 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 within which trial must commence under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., the time period between July 11, 2019 and July 26, 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.
McGREGOR W. SCOTT
United States Attorney
/s/ Michael M. Beckwith
MICHAEL M. BECKWITH
Assistant United States Attorney
Dated: July 11, 2019.
/s/ Shari Rusk
SHARI RUSK
Attorney for defendant
Jeremy Warren
FINDINGS AND ORDER
The Court, having read and considered the parties' Stipulation, which this Court incorporates by reference to this Order in full, hereby finds and orders the following:
1. The status conference set for July 12, 2019 is vacated;
2. A status conference is scheduled for July 26, 2019; and
3. In consideration of the reasons set forth in the parties' Stipulation, the Court finds that 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, and time between July 11, 2019 and July 26, 2019, is deemed excludable pursuant to 18 U.S.C. § 3161(h)(7)(A), B(iv) [Local Code T4].
IT IS SO FOUND AND ORDERED.
