Filed: Dec. 06, 2019
Latest Update: Dec. 06, 2019
Summary: STIPULATION AND ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT JOHN A. MENDEZ , District Judge . 1. This matter is presently set for a status conference on December 10, 2019. By this stipulation, Defendants Markis and Jordan move to continue the status conference to February 4, 2020 at 9:15 a.m. 2. This case involves distribution of prescription pills by means of a secret portion of the internet known as the "dark web." The government has provided volumino
Summary: STIPULATION AND ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT JOHN A. MENDEZ , District Judge . 1. This matter is presently set for a status conference on December 10, 2019. By this stipulation, Defendants Markis and Jordan move to continue the status conference to February 4, 2020 at 9:15 a.m. 2. This case involves distribution of prescription pills by means of a secret portion of the internet known as the "dark web." The government has provided voluminou..
More
STIPULATION AND ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT
JOHN A. MENDEZ, District Judge.
1. This matter is presently set for a status conference on December 10, 2019. By this stipulation, Defendants Markis and Jordan move to continue the status conference to February 4, 2020 at 9:15 a.m.
2. This case involves distribution of prescription pills by means of a secret portion of the internet known as the "dark web." The government has provided voluminous discovery materials, including approximately 2400 pages of written reports, photographs, computer records, audio of witness interviews, and other materials stemming from the investigation. The case can fairly be characterized as nationwide in scope.
3. Attorney Kelly Babineau, who represents Defendant Carrie Markis, substituted in as appointed counsel in the place of the Federal Defender's Office on June 7, 2019 (ECF Entry 45). Defendant Andrea Jordan first appeared in this case on April 5, 2019 (ECF Entry 32). Given the volume of discovery in the case, defense counsel are engaged in on ongoing investigations related to potential defenses and mitigation evidence in the event of a likely negotiated disposition.
4. Defense counsel for both Defendants represent and believe that failure to grant the additional time requested would deny them the reasonable time necessary for effective preparation, considering the exercise of due diligence. The government does not oppose the request.
5. Based on the above-stated facts, Defendants Markis and Jordan request the Court find that the ends of justice served by continuing the case as requested outweigh the best interest of the public and the Defendants in a trial within the time prescribed by the Speedy Trial Act.
6. 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 10, 2019 to February 4, 2020, inclusive, is deemed excludable under 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) [Local Code T-4].
7. 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 during which trial must commence.
Assistant U.S. Attorney Paul Hemesath and Attorney Kelly Babineau have reviewed this stipulation and authorized Attorney Todd D. Leras via email to sign it on their behalf.
Dated: December 6, 2019 /s/Kelly Babineau
___________________________
KELLY BABINEAU
Attorney for Defendant
CARRIE MARKIS
(Per email authorization)
Dated: December 5, 2019 /s/Todd Leras
___________________________
TODD LERAS
Attorney for defendant
ANDREA JORDAN
Dated: December 6, 2019 McGREGOR W. SCOTT
United States Attorney
/s/Paul Hemesath
By: _______________________
PAUL HEMESATH
Assistant United States Attorney
(Per email authorization)
ORDER
BASED ON THE REPRESENTATIONS AND STIPULATIONS OF THE PARTIES, it is hereby ORDERED that the status conference, presently scheduled for December 10, 2019, is vacated. A new status conference is scheduled for February 4, 2020, at 9:15 a.m.
The Court further finds, based on the representations of the parties, that the ends of justice served by continuing the case as requested outweigh the best interests of the public and the Defendants in a speedy trial.
Time shall be excluded under the Speedy Trial Act, 18 U.S.C. § 3161 (h)(7)(A) and (B)(iv), Local Code T-4, to allow necessary attorney preparation, taking into consideration the exercise of due diligence, for the period from December 10, 2019, up to and including February 4, 2020.
IT IS SO ORDERED.
