STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE TO AUGUST 3, 2017 AND TO EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT

KANDIS A. WESTMORE, Magistrate Judge.

The above-captioned matter is set on July 28, 2017 before this Court for preliminary hearing or arraignment. The parties jointly request that the Court continue the matter to August 3, 2017, at 9:30 a.m., and that the Court exclude time under the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv), through August 23, 2017, to allow the parties to prepare this case for a disposition.

The parties are discussing plea negotiations and anticipate that this case will resolve without a trial. The government produced discovery and the defense needs additional time to review these materials and research and investigate the sentencing guidelines and potential avenues for resolution of this matter. For these reasons, the defense requests additional time to prepare, and the parties agree that it is appropriate to continue this case until August 3, 2017.

The parties stipulate and agree that the ends of justice served by this continuance outweigh the best interest of the public and the defendant in a speedy trial. The parties further agree that the failure to grant this continuance would unreasonably deny counsel for defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Accordingly, the parties agree that the period of time through August 3, 2017, should be excluded in accordance with the provisions of the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv), for effective preparation of defense counsel, taking into account the exercise of due diligence. Additionally, Mr. Smith agrees to waive the timing of a preliminary hearing under Rule 5.1 of the Federal Rules of Criminal Procedure. The parties agree that this waiver covers all time between the date of this stipulation and August 3, 2017.

[PROPOSED] ORDER

Based on the reasons provided in the stipulation of the parties above, and for good cause shown, the Court hereby FINDS:

1. Given the government's recent production of discovery and the parties' ongoing discussions regarding resolution of the matter;

2. Given the defense's need for additional time to review the produced materials, and defense need to research and investigate the guidelines and potential avenues for resolution of this matter;

3. Given that these above-listed tasks are necessary for the defense's preparation of the case and that the failure to grant the requested continuance would unreasonably deny counsel for defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence;

4. Given that the ends of justice served by this continuance outweigh the best interest of the public and defendant in a speedy trial;

5. Given that defendant agrees to waive the timing of a preliminary hearing under Rule 5.1 of the Federal Rules of Criminal Procedure;

Based on these findings, it is ORDERED that the status hearing date of July 28, 2017, scheduled at 9:30 a.m., is vacated and reset for August 3, 2017, at 9:30 a.m., before the Duty Magistrate on the Court's Criminal Duty Calendar.

It is FURTHER ORDERED that time is excluded, pursuant to the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv), through August 3, 2017.

It is FURTHER ORDERED that the timing of the preliminary hearing is waived through August 3, 2017.