Filed: Dec. 13, 2012
Latest Update: Dec. 13, 2012
Summary: [PROPOSED] STIPULATED ORDER CONTINUING STATUS CONFERENCE SUSAN ILLSTON, District Judge. The above-captioned case is currently scheduled for a change-of-plea on Friday, December 14, 2012 at 11:00 a.m. However, at the defendant's request, the government will soon produce additional information relevant to this case. Defense counsel will then require time to investigate the information contained therein. Accordingly, the parties jointly request that the change-of-plea be continued to January 25,
Summary: [PROPOSED] STIPULATED ORDER CONTINUING STATUS CONFERENCE SUSAN ILLSTON, District Judge. The above-captioned case is currently scheduled for a change-of-plea on Friday, December 14, 2012 at 11:00 a.m. However, at the defendant's request, the government will soon produce additional information relevant to this case. Defense counsel will then require time to investigate the information contained therein. Accordingly, the parties jointly request that the change-of-plea be continued to January 25, ..
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[PROPOSED] STIPULATED ORDER CONTINUING STATUS CONFERENCE
SUSAN ILLSTON, District Judge.
The above-captioned case is currently scheduled for a change-of-plea on Friday, December 14, 2012 at 11:00 a.m. However, at the defendant's request, the government will soon produce additional information relevant to this case. Defense counsel will then require time to investigate the information contained therein. Accordingly, the parties jointly request that the change-of-plea be continued to January 25, 2013.
Further, the parties stipulate and jointly request that time be excluded from the Speedy Trial Act calculations from December 14, 2012 through January 25, 2013 for effective preparation of counsel. The parties agree that the ends of justice served by granting such a continuance outweighed the best interests of the public and the defendants in a speedy trial. See 18 U.S.C. § 3161(h)(7)(A).
Pursuant to 18 U.S.C. § 3161, and Crim. Loc. Rule 47-2(c), there are seventy (70) days remaining before the trial in this case must commence. The "speedy trial" date for this matter is therefore April 5, 2013.
IT IS SO STIPULATED.
[PROPOSED] ORDER
For good cause shown, the status conference now scheduled for Thursday, December 14, 2012 is vacated. The matter shall be added to the Court's calendar on Friday, January 25, 2013 at 11:00 a.m. for change of plea.
In addition, for the reasons stated above, the Court finds that an exclusion of time from December 14, 2012 through January 25, 2013 is warranted and that the ends of justice served by the continuance outweigh the best interests of the public and the defendant in a speedy trial. See 18 U.S.C. §3161 (h)(7)(A). The failure to grant the requested continuance would deny defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and would result in a miscarriage of justice. See 18 U.S.C. §3161(h)(7)(B)(iv). Pursuant to 18 U.S.C. § 3161, and Crim. Loc. Rule 47-2(c), there are seventy (70) days remaining before the trial in this case must commence, and the "speedy trial" date by which trial must commence is therefore April 5, 2013.
IT IS SO ORDERED.
