Filed: Jun. 18, 2014
Latest Update: Jun. 18, 2014
Summary: STIPULATION TO CONTINUE STATUS HEARING AND ORDER D. LOWELL JENSEN, District Judge. The United States, through its counsel Jeff Nedrow, and defendant Martin Barragan through his counsel Robert Byers, hereby agree and stipulate to continue the status conference in this case presently scheduled for Thursday, June 19, 2014 at 9:00 a.m. to Monday, July 10, 2014 at 9:00 a.m. before this Court. This continuance is requested for the following reasons: Counsel for the government is unavailable on June
Summary: STIPULATION TO CONTINUE STATUS HEARING AND ORDER D. LOWELL JENSEN, District Judge. The United States, through its counsel Jeff Nedrow, and defendant Martin Barragan through his counsel Robert Byers, hereby agree and stipulate to continue the status conference in this case presently scheduled for Thursday, June 19, 2014 at 9:00 a.m. to Monday, July 10, 2014 at 9:00 a.m. before this Court. This continuance is requested for the following reasons: Counsel for the government is unavailable on June ..
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STIPULATION TO CONTINUE STATUS HEARING AND ORDER
D. LOWELL JENSEN, District Judge.
The United States, through its counsel Jeff Nedrow, and defendant Martin Barragan through his counsel Robert Byers, hereby agree and stipulate to continue the status conference in this case presently scheduled for Thursday, June 19, 2014 at 9:00 a.m. to Monday, July 10, 2014 at 9:00 a.m. before this Court. This continuance is requested for the following reasons:
Counsel for the government is unavailable on June 19, 2014, and counsel for defendant Byers is unavailable on June 26, 2014. In addition, the government and the defense are currently discussing issues pertinent to a potential disposition in this case. Additional time is needed for the defense to investigate and prepare its position on those issues. For these reasons, the parties respectfully request that the Court continue the status conference in this case from June 19, 2014 to July 10, 2014 at 9:00 a.m.
The parties further stipulate that the time period from June 19, 2014 through July 10, 2014 should be excluded under the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(B)(iv) in order to provide for continuity of counsel, in light of the respective schedules of government and defense counsel, as well as to permit effective defense preparation for considering a possible negotiation and/or trial in this case, as well as in the interest of justice, pursuant to §3161(h)(7)(A). A proposed order is attached.
It is so stipulated.
ORDER
Based on the stipulation of the parties and the facts set forth herein, good cause appearing,
IT IS HEREBY ORDERED that date of the status conference in this case is continued from June 19, 2014 to July 10, 2014 at 9:00 a.m. before this Court. IT IS HEREBY ORDERED that the status conference date scheduled for June 19, 2014 is vacated and that the new status conference is set for July 10, 2014 at 9:00 a.m. The Court further finds that the ends of justice that will be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial, and that for the reasons stated in the stipulation, i.e. continuity of counsel and effective defense investigation and preparation, an exclusion of time is appropriate. Accordingly, IT IS HEREBY ORDERED that, for the reasons stated in the current stipulation, the time within which the trial of this matter must be commenced under the Speedy Trial Act is EXCLUDED during the time period from June 19, 2014, through July 10, 2014 pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv), due to the need to provide defendant with continuity of counsel, as well as to permit effective defense investigation and preparation for a possible negotiation and/or trial in this case, and in the interests of justice.
