Filed: Dec. 16, 2015
Latest Update: Dec. 16, 2015
Summary: STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM OTHERWISE APPLICABLE SPEEDY TRIAL ACT CALCULATION WILLIAM ALSUP , District Judge . STIPULATION IT IS HEREBY STIPULATED by the parties, through undersigned counsel, that: 1. The parties appeared before the Court on November 10, 2015 at 2:00 p.m. for a status hearing. Mr. McNeal was present and in custody and represented by Assistant Federal Defender Ellen Leonida. Assistant United States Attorney Marc Wolf appeared for the Government.
Summary: STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM OTHERWISE APPLICABLE SPEEDY TRIAL ACT CALCULATION WILLIAM ALSUP , District Judge . STIPULATION IT IS HEREBY STIPULATED by the parties, through undersigned counsel, that: 1. The parties appeared before the Court on November 10, 2015 at 2:00 p.m. for a status hearing. Mr. McNeal was present and in custody and represented by Assistant Federal Defender Ellen Leonida. Assistant United States Attorney Marc Wolf appeared for the Government. ..
More
STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM OTHERWISE APPLICABLE SPEEDY TRIAL ACT CALCULATION
WILLIAM ALSUP, District Judge.
STIPULATION
IT IS HEREBY STIPULATED by the parties, through undersigned counsel, that:
1. The parties appeared before the Court on November 10, 2015 at 2:00 p.m. for a status hearing. Mr. McNeal was present and in custody and represented by Assistant Federal Defender Ellen Leonida. Assistant United States Attorney Marc Wolf appeared for the Government. The parties agreed to stipulate to a continuance of the matter, with time excluded for effective preparation of counsel, to allow defense counsel to review the discovery provided by the government.
2. Accordingly, with the parties' agreement as to the new date, the Court scheduled a jury trial for April 4, 2016 at 7:30 a.m., with the understanding that the parties would submit a Stipulation and Proposed Order excluding time.
3. The parties now formalize their request for a continuance of this matter to April 4, 2016 at 7:30 a.m. for jury trial, and respectfully submit and agree that the period from November 10, 2015 through and including April 4, 2016 should be excluded from the otherwise applicable Speedy Trial Act computation because the continuance is necessary for effective preparation of counsel, taking into account the exercise of due diligence. Specifically, the time requested for exclusion will allow McNeal's newly appointed assistant federal public defender to review the discovery provided by the Government.
IT IS SO STIPULATED.
[PROPOSED] ORDER
Based upon the above-described Stipulation, THE COURT FINDS THAT the ends of justice served by granting a continuance from November 10, 2015 through and including April 4, 2016 outweigh the best interest of the public and the defendant in a speedy trial, and that failure to grant such a continuance would unreasonably deny the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
Accordingly, THE COURT ORDERS THAT:
1. The parties shall appear before the Court on April 4, 2016 at 7:30 a.m. for jury trial.
2. The period from November 10, 2015 through and including April 4, 2016 is excluded from the otherwise applicable Speedy Trial Act computation, pursuant to 18 U.S.C. § 3161(h)(7)(A) & (B)(iv).
IT IS SO ORDERED.
