STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE AND TO EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT

MAXINE M. CHESNEY, District Judge.

It is hereby stipulated by and between counsel for the United States, Assistant U.S. Attorney Kyle F. Waldinger, and counsel for defendant Ryan Evans, Colin Cooper and Dustin Gordon, that, subject to the Court's approval, the hearing presently set for December 4, 2013 be vacated and a new date for possible entry of plea be set for December 18, 2013 at 2:15 p.m. In support of their request, the parties state as follows:

1. The defendant Ryan Evans last appeared before the Court on November 6, 2013. At that time, the Court continued the matter to December 4, 2013 and ordered that time be excluded under the Speedy Trial Act.

2. Since the appearance on November 6, 2013, the parties have discussed a potential resolution of the case. However, additional time is needed for the details of the agreement to be finalized, for counsel for the United States to receive U.S. Attorney's approval for the agreement, and for defense counsel to review the written plea agreement with his client.

3. The parties agree that based on these facts, and taking into the account the public interest in the prompt disposition of criminal cases, continuing this matter to December 18, 2013, is necessary for effective preparation of defense counsel and government counsel. See 18 U.S.C. § 3161(h)(7)(B)(iv). The parties further agree that the ends of justice served by excluding the period from December 4, 2013 to December 18, 2013 outweigh the best interest of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

4. Accordingly, the parties jointly request that the hearing currently set for December 4, 2013 be continued to December 18, 2013 and that time be excluded during that period under the Speedy Trial Act.

SO STIPULATED.

[PROPOSED] ORDER

It is hereby ORDERED that the appearance presently set for December 4, 2013 be continued to December 18, 2013, at 2:15 p.m.

For the reasons stated in the parties' stipulation, the Court finds that, taking into the account the public interest in the prompt disposition of criminal cases, granting a continuance until December 18, 2013, is necessary for effective preparation of defense counsel and government counsel. See 18 U.S.C. § 3161(h)(7)(B)(iv). Given these circumstances, the Court finds that the ends of justice served by excluding the period from December 4, 2013 to December 18, 2013 outweigh the best interest of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

Accordingly, the Court orders that the period from December 4, 2013 to December 18, 2013 be excluded from Speedy Trial Act calculations under 18 U.S.C. §§ 3161(h)(1)(D) and 3161(h)(7)(A) and (B)(iv).

IT IS SO ORDERED.