Filed: Jan. 27, 2020
Latest Update: Jan. 27, 2020
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; ORDER MORRISON C. ENGLAND, JR. , District Judge . STIPULATION 1. By previous order, this matter was set for status on January 16, 2020. It was subsequently continued by the Court to May 14, 2020. 2. By this stipulation, defendants now move to exclude time between today's date, January 23, 2020, and May 14, 2020, under Local Code T4. 3. The parties agree and stipulate, and request that the Court find the following: a)
Summary: STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; ORDER MORRISON C. ENGLAND, JR. , District Judge . STIPULATION 1. By previous order, this matter was set for status on January 16, 2020. It was subsequently continued by the Court to May 14, 2020. 2. By this stipulation, defendants now move to exclude time between today's date, January 23, 2020, and May 14, 2020, under Local Code T4. 3. The parties agree and stipulate, and request that the Court find the following: a) T..
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STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; ORDER
MORRISON C. ENGLAND, JR., District Judge.
STIPULATION
1. By previous order, this matter was set for status on January 16, 2020. It was subsequently continued by the Court to May 14, 2020.
2. By this stipulation, defendants now move to exclude time between today's date, January 23, 2020, and May 14, 2020, under Local Code T4.
3. The parties agree and stipulate, and request that the Court find the following:
a) The government has represented that the discovery associated with this case includes audio recordings, reports, photographs, and physical evidence that has been produced directly to counsel and/or made available for inspection and copying. Testing for some of the substances found at the defendants' residence and storage facility is ongoing and will be produced upon receipt from the lab. The government expect to produce additional documentary evidence in January 2020. Defense counsel for Henry Benson has indicated that he plans to review the physical evidence and conduct independent testing in the next month.
b) Counsel for both defendants desire additional time to review the electronic evidence, review the physical evidence, conduct independent legal and factual research, and otherwise prepare for trial.
c) Counsel for defendants believe that failure to grant the above-requested continuance would deny them 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 23, 2020 to May 14, 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 23, 2020 McGREGOR W. SCOTT
United States Attorney
/s/ CAMERON L. DESMOND
CAMERON L. DESMOND
Assistant United States Attorney
Dated: January 23, 2020 /s/ Olaf Hedberg
OLAF HEDBERG
Counsel for Defendant
Henry Benson
Dated: January 23, 2020 /s/ Steve Whitworth
STEVE WHITWORTH
Counsel for Defendant
Roselle Cipriano
ORDER
IT IS SO ORDERED.
