Filed: Jan. 30, 2013
Latest Update: Jan. 30, 2013
Summary: STIPULATION AND [] ORDER EXCLUDING TIME FROM JANUARY 7, 2013 TO FEBRUARY 4, 2013 FROM CALCULATIONS UNDER THE SPEEDY TRIAL ACT RONALD M. WHYTE, District Judge. The parties hereby request that the Court enter this order excluding time from January 7, 2013 through February 4, 2013. The parties, including the defendant, stipulate as follows: 1. The defendant understands and agrees to the exclusion of time from calculations under the Speedy Trial Act, 18 U.S.C. 3161, for the period from January
Summary: STIPULATION AND [] ORDER EXCLUDING TIME FROM JANUARY 7, 2013 TO FEBRUARY 4, 2013 FROM CALCULATIONS UNDER THE SPEEDY TRIAL ACT RONALD M. WHYTE, District Judge. The parties hereby request that the Court enter this order excluding time from January 7, 2013 through February 4, 2013. The parties, including the defendant, stipulate as follows: 1. The defendant understands and agrees to the exclusion of time from calculations under the Speedy Trial Act, 18 U.S.C. 3161, for the period from January 7..
More
STIPULATION AND [] ORDER EXCLUDING TIME FROM JANUARY 7, 2013 TO FEBRUARY 4, 2013 FROM CALCULATIONS UNDER THE SPEEDY TRIAL ACT
RONALD M. WHYTE, District Judge.
The parties hereby request that the Court enter this order excluding time from January 7, 2013 through February 4, 2013. The parties, including the defendant, stipulate as follows:
1. The defendant understands and agrees to the exclusion of time from calculations under the Speedy Trial Act, 18 U.S.C. § 3161, for the period from January 7, 2013 through February 4, 2013 based upon the need for the defense counsel to investigate further the facts of the present case, consult with defendant and determine what, if any, additional motions are appropriate.
2. The attorney for defendant joins in the request to exclude time under the Speedy Trial Act, 18 U.S.C. § 3161, for the above reasons, and believes the exclusion of time is necessary for effective preparation of the defense; believes the exclusion is in the defendant's best interests; and further agrees that the exclusion under the Speedy Trial Act, 18 U.S.C. § 3161, should be for the period from January 7, 2013 through February 4, 2013.
Given these circumstances, the parties believe, and request that the Court find, that the ends of justice are served by excluding from calculations the period from January 7, 2013 through February 4, 2013 outweigh the best interests of the public and the defendant in a speedy trial under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) & (B)(iv).
IT IS SO STIPULATED.
Dated: 1/7/13 /s/
________________________________________
FRANK UBHAUS
Attorney for Defendant
Dated: 1/7/13 /s/
________________________________________
HANLEY CHEW
Assistant United States Attorney
Attorney for Plaintiff
[] ORDER
Having considered the stipulation of the parties, the Court finds that: (1) the defendant understands and agrees to the exclusion of time from calculations under the Speedy Trial Act, 18 U.S.C. § 3161, from January 7, 2013 through February 4, 2013, based on the need for the defense counsel to investigate further the facts of the present case, review the discovery that the government has already provided and will provide and evaluate further possible defenses and motions available to the defendant; (2) the exclusion of time is necessary for effective preparation of the defense and is in the defendant's best interests; and (3) the ends of justice are served by excluding from Speedy Trial calculations the period from January 7, 2013 through February 4, 2013.
Accordingly, the Court further orders that the time from January 7, 2013 through February 4, 2013 is excluded from time calculations under the Speedy Trial Act, 18 U.S.C. § 3161.
IT IS SO ORDERED.
