Filed: May 01, 2013
Latest Update: May 01, 2013
Summary: STIPULATION AND [PROPOSED] ORDER EXCLUDING APRIL 23, 2013 TO MAY 23 MARIA-ELENA JAMES, Magistrate Judge. The defendant, CHARLES MANUEL, represented by RITA BOSWORTH, Assistant Federal Public Defender, and the government, represented by HEATHER M. MELTON, Special Assistant United States Attorney, stipulate that time should be excluded from April 23, 2013 to May 23, 2013 from the Speedy Trial Clock. The parties appeared before the Court on April 19, 2013. Defendant was arraigned and a not guilt
Summary: STIPULATION AND [PROPOSED] ORDER EXCLUDING APRIL 23, 2013 TO MAY 23 MARIA-ELENA JAMES, Magistrate Judge. The defendant, CHARLES MANUEL, represented by RITA BOSWORTH, Assistant Federal Public Defender, and the government, represented by HEATHER M. MELTON, Special Assistant United States Attorney, stipulate that time should be excluded from April 23, 2013 to May 23, 2013 from the Speedy Trial Clock. The parties appeared before the Court on April 19, 2013. Defendant was arraigned and a not guilty..
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STIPULATION AND [PROPOSED] ORDER EXCLUDING APRIL 23, 2013 TO MAY 23
MARIA-ELENA JAMES, Magistrate Judge.
The defendant, CHARLES MANUEL, represented by RITA BOSWORTH, Assistant Federal Public Defender, and the government, represented by HEATHER M. MELTON, Special Assistant United States Attorney, stipulate that time should be excluded from April 23, 2013 to May 23, 2013 from the Speedy Trial Clock.
The parties appeared before the Court on April 19, 2013. Defendant was arraigned and a not guilty plea was entered. The government produced discovery to defense counsel on April 23, 2013. The parties jointly requested to appear before the Court on May 23, 2013 for a status hearing. Based on the parties' request, the matter was continued to May 23, 2013 at 9:30 a.m. before Judge James.
The parties now jointly request that time be excluded under the Speedy Trial Clock from April 23, 2013 to May 23, 2013. Although many petty offenses and misdemeanors are not subject to the Speedy Trial Act, the charged offense is a Class A Misdemeanor, which does fall under the Speedy Trial Act requirements. 18 U.S.C. § 3172(2) (2013). The parties request that time be excluded based upon the need for effective preparation of counsels, pursuant to Title 18 United States Code, Section 3161(h)(7)(B)(iv). The government has produced discovery to defense counsel and defense counsel requires time to review it personally and with her client.
[PROPOSED] ORDER
Based upon the representations of counsels and for good cause shown, the Court finds that failing to exclude the time between April 23, 2013 and May 23, 2013 would unreasonably deny counsels the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). The Court further finds that the ends of justice served by excluding the time between April 23, 2013 and May 23, 2013 from computation under the Speedy Trial Act outweigh the best interests of the public and the defendant in a speedy trial. Therefore, IT IS HEREBY ORDERED that the time between April 23, 2013 and May 23, 2013 shall be excluded from computation under the Speedy Trial Act. 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
