Filed: Oct. 17, 2016
Latest Update: Oct. 17, 2016
Summary: STIPULATION TO CONTINUE MOTION HEARING AND PROPOSED ORDER BETH LABSON FREEMAN , District Judge . The United States, through its counsel Jeff Nedrow, and defendant Clinton Atkins, through his counsel Holden Green, hereby agree and stipulate to a continuance in this case from Tuesday, October 11, 2016 at 9:00 a.m. to Tuesday, December 20, 2016 at 9:00 a.m. before this Court. This continuance is requested for the following reasons: 1) On October 11, 2016, the parties appeared to argue the def
Summary: STIPULATION TO CONTINUE MOTION HEARING AND PROPOSED ORDER BETH LABSON FREEMAN , District Judge . The United States, through its counsel Jeff Nedrow, and defendant Clinton Atkins, through his counsel Holden Green, hereby agree and stipulate to a continuance in this case from Tuesday, October 11, 2016 at 9:00 a.m. to Tuesday, December 20, 2016 at 9:00 a.m. before this Court. This continuance is requested for the following reasons: 1) On October 11, 2016, the parties appeared to argue the defe..
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STIPULATION TO CONTINUE MOTION HEARING AND PROPOSED ORDER
BETH LABSON FREEMAN, District Judge.
The United States, through its counsel Jeff Nedrow, and defendant Clinton Atkins, through his counsel Holden Green, hereby agree and stipulate to a continuance in this case from Tuesday, October 11, 2016 at 9:00 a.m. to Tuesday, December 20, 2016 at 9:00 a.m. before this Court. This continuance is requested for the following reasons:
1) On October 11, 2016, the parties appeared to argue the defendant's motion to dismiss. In the course of the hearing, the Court requested additional briefing on the issue of whether defendant's 1997 conviction qualified as a prior conviction for purposes of 18 U.S.C. § 922(g). The Court further requested additional factual information regarding the interactions between the agents and the defendant during the latter half of their meeting on July 15, 2014. The parties agreed to submit supplemental briefing addressing these issues, with the government to file its supplemental brief by November 18, 2016, and the defendant to file its supplemental brief by December 9, 2016. The parties agreed that additional time would assist the parties in providing the Court with a more complete legal and factual overview of the issues for the Court's consideration at the December 20, 2016 hearing.
For these reasons, the parties respectfully request that the Court continue the hearing in this case from October 11, 2016 at 9:00 a.m. to December 20, 2016 at 9:00 a.m. The parties stipulate that the time period from October 11, 2016 through December 20, 2016 at 9:00 a.m. should be excluded under the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(iv) in the interest of justice to permit effective defense preparation, and specifically to allow time for the government and the defense to prepare and submit supplemental briefs to aid the Court in its evaluation of the facts and legal issues central to the motion to dismiss in this case.
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 a continuance in this case is granted from October 11, 2016 to December 20, 2016 at 9:00 a.m. before this Court. The Court 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., the need for additional time for the parties to prepare and submit supplemental briefs to aid the Court in its evaluation of the facts and legal issues central to the motion to dismiss in this case, an exclusion of time is appropriate. Accordingly, IT IS HEREBY ORDERED that, for the reasons stated in the 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 October 11, 2016 through December 20, 2016 pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(iv), due to the need for additional time to permit effective preparation by government and defense counsel, and in the interests of justice.
