Filed: Jan. 07, 2020
Latest Update: Jan. 07, 2020
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [ PROPOSED ] FINDINGS AND ORDER WILLIAM B. SHUBB , District Judge . STIPULATION 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. By previous order, this matter was set for status on January 13, 2020; and time for computation under the Speedy Trial Act was excluded until that date. 2. By this stipulat
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [ PROPOSED ] FINDINGS AND ORDER WILLIAM B. SHUBB , District Judge . STIPULATION 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. By previous order, this matter was set for status on January 13, 2020; and time for computation under the Speedy Trial Act was excluded until that date. 2. By this stipulati..
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STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER
WILLIAM B. SHUBB, District Judge.
STIPULATION
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. By previous order, this matter was set for status on January 13, 2020; and time for computation under the Speedy Trial Act was excluded until that date.
2. By this stipulation, defendant now seeks to continue the status conference until March 23, 2020 at 9:00 a.m. in Courtroom 5 (WBS) and to exclude time between January 13, 2020 and March 23, 2020, under Local Code T4, to which the government stipulates.
3. The parties agree and stipulate, and request that the Court find the following:
a) The discovery currently associated with this case consists of 864 numbered pages, which includes investigative reports and related documents, photographs; and, video and audio recordings to defense counsel.
b) Counsel for defendant desires additional time to consult with his client, to conduct investigation, and to receive additional discovery and to review the discovery in this matter. Mr. Garcia was ordered as a condition of his release to participate in the substance abuse program at Wellspace inpatient facility for a minimum of 90 days. Counsel for defendant has not seen his client since he has been at the Wellspace facility to review the discovery that has been provided.
c) Counsel for defendant believes that failure to grant the above-requested continuance would deny him 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 January 13, 2020 to March 23, 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: January 6, 2020 McGREGOR W. SCOTT
United States Attorney
/s/ QUINN HOCHHALTER
QUINN HOCHHALTER
Assistant United States Attorney
Dated: January 6, 2020 /s/DAVID W. DRATMAN
DAVID W. DRATMAN
Attorney for Defendant
PEDRO GARCIA
FINDINGS AND ORDER
IT IS SO FOUND AND ORDERED.
