Filed: Dec. 13, 2019
Latest Update: Dec. 13, 2019
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER STIPULATION WILLIAM B. SHUBB , District Judge . Plaintiff United States of America, by and through its counsel of record, and defendant, Josevan Arias, by and through his counsel of record, David Garland, hereby stipulate as follows: 1. By previous order, this matter was set for status on December 16, 2019. 2. By this stipulation, defendant now moves to continue the status conference to
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER STIPULATION WILLIAM B. SHUBB , District Judge . Plaintiff United States of America, by and through its counsel of record, and defendant, Josevan Arias, by and through his counsel of record, David Garland, hereby stipulate as follows: 1. By previous order, this matter was set for status on December 16, 2019. 2. By this stipulation, defendant now moves to continue the status conference to ..
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STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER STIPULATION
WILLIAM B. SHUBB, District Judge.
Plaintiff United States of America, by and through its counsel of record, and defendant, Josevan Arias, by and through his counsel of record, David Garland, hereby stipulate as follows:
1. By previous order, this matter was set for status on December 16, 2019.
2. By this stipulation, defendant now moves to continue the status conference to February 10, 2020 at 9:00 a.m., and exclude time between December 16, 2019, and February 10, 2020, under Local Code T4. Defendant Elmer Rodriguez-Colio has not yet appeared in this matter.
3. The parties agree and stipulate, and request that the Court find the following:
a) The government has represented that it is in the process of producing the discovery associated with this case which includes FBI reports, photographs, surveillance footage, and laboratory reports. All of this discovery will be either produced directly to counsel or made available for inspection and copying.
b) Counsel for defendant will need time to review the evidence, discuss it with his client, and pursue avenues of investigation, including potential resolution options.
c) Counsel for defendant believes that failure to grant the above-requested continuance would deny him/her the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
d) The government does not object to the continuance.
e) 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.
f) 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 16, 2019 to February 10, 2020, 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.
Dated: December 13, 2019 McGREGOR W. SCOTT
United States Attorney
/s/JAMES R. CONOLLY
JAMES R. CONOLLY
Assistant United States Attorney
Dated: December 13, 2019 /s/DAVID GARLAND
DAVID GARLAND
Counsel for Defendant
JOSEVAN ARIAS
FINDINGS AND ORDER
IT IS SO FOUND AND ORDERED.
