STIPULATION AND ORDER

RICHARD SEEBORG, District Judge.

STIPULATION

WHEREAS, on December 12, 2017, defendant Marc Howard Berger, represented by Miranda Kane, Esq., and the government, represented by Robert S. Leach, Assistant United States Attorney, appeared before the Court for a status hearing;

WHEREAS, the Court set this matter for jury trial on July 9, 2018, with jury selection to begin July 6, 2018;

WHEREAS, the government has produced discovery in excess of 500GB of data pursuant to Rule 16;

WHEREAS, the parties agree that the time between December 12, 2017, and July 6, 2018 should be excluded under the Speedy Trial Act to afford counsel time to review the discovery and to conduct any necessary investigation;

WHEREAS, failing to exclude the time between December 12, 2017, and July 6, 2018, would unreasonably deny the defendant continuity of counsel and would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and under the circumstances, the ends of justice served by a continuance outweigh the best interests of the public and the defendant in a speedy trial;

WHEREAS, pursuant to Criminal Local Rule 47-2(c), counsel for the government calculates that, under 18 U.S.C. § 3161, there are seventy (70) days remaining before a trial of defendant must commence;

THEREFORE, the United States and the defendant Berger, through undersigned counsel, hereby stipulate and agree that the period of time from December 12, 2017, and July 6, 2018, shall be excluded in computing the time within which the trial of the offenses alleged in the Indictment must commence under 18 U.S.C. § 3161.

STIPULATED AND AGREED TO:

ORDER

PURSUANT TO STIPULATION and for good cause shown, the Court finds that failing to exclude the time between December 12, 2017, and July 6, 2018, would unreasonably deny the defendant continuity of counsel and would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). The Court further finds that the ends of justice served by excluding the time between December 12, 2017, and July 6, 2018, from computation under the Speedy Trial Act outweigh the best interests of the public and the defendant in a speedy trial. Therefore, IT IS HEREBY ORDERED that the time between December 12, 2017, and July 6, 2018, shall be excluded from computation under the Speedy Trial Act. 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).