Filed: Jan. 13, 2017
Latest Update: Jan. 13, 2017
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE AND EXCLUDE TIME FROM OTHERWISE APPLICABLE SPEEDY TRIAL ACT CALCULATION RICHARD SEEBORG , District Judge . STIPULATION IT IS HEREBY STIPULATED by the parties, through undersigned counsel, that: 1. The parties have engaged in settlement negotiations in this case, and believe that a disposition in this case is imminent. Further, the defense desires to conduct further investigation, and the parties are in agreement that it would be a more effic
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE AND EXCLUDE TIME FROM OTHERWISE APPLICABLE SPEEDY TRIAL ACT CALCULATION RICHARD SEEBORG , District Judge . STIPULATION IT IS HEREBY STIPULATED by the parties, through undersigned counsel, that: 1. The parties have engaged in settlement negotiations in this case, and believe that a disposition in this case is imminent. Further, the defense desires to conduct further investigation, and the parties are in agreement that it would be a more effici..
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE AND EXCLUDE TIME FROM OTHERWISE APPLICABLE SPEEDY TRIAL ACT CALCULATION
RICHARD SEEBORG, District Judge.
STIPULATION
IT IS HEREBY STIPULATED by the parties, through undersigned counsel, that:
1. The parties have engaged in settlement negotiations in this case, and believe that a disposition in this case is imminent. Further, the defense desires to conduct further investigation, and the parties are in agreement that it would be a more efficient use of the Court's time to stipulate to a continuance of this matter, with an exclusion of time.
2. Accordingly, the parties respectfully request that the matter be continued until February 14, 2017, for a change of plea or trial setting, and submit and agree that the period from January 17, 2017 through and including February 28, 2017 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 Mr. Lien's attorney 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 January 17, 2017 through and including February 28, 2017 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 currently scheduled status hearing set for January 17, 2017 at 2:30 p.m. shall be VACATED;
2. The parties shall appear before the Court on February 28, 2017 at 2:30 p.m. for a change of plea or trial setting.
3. The period from January 17, 2017 through and including February 28, 2017 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.
