Filed: Jun. 12, 2018
Latest Update: Jun. 12, 2018
Summary: STIPULATION AND ORDER EXCLUDING TIME FROM JUNE 4, 2018 THROUGH JULY 2, 2018 HAYWOOD S. GILLIAM, JR. , District Judge . Plaintiff United States of America and defendant Rafael Mendoza, by and through their respective counsel of record herein, hereby stipulate as follows: 1. On June 4, 2018, the parties appeared before the Court for status or entry of a chance of plea. The next appearance is a change of plea scheduled for July 2, 2018. 2. The parties jointly stipulated to exclude the time b
Summary: STIPULATION AND ORDER EXCLUDING TIME FROM JUNE 4, 2018 THROUGH JULY 2, 2018 HAYWOOD S. GILLIAM, JR. , District Judge . Plaintiff United States of America and defendant Rafael Mendoza, by and through their respective counsel of record herein, hereby stipulate as follows: 1. On June 4, 2018, the parties appeared before the Court for status or entry of a chance of plea. The next appearance is a change of plea scheduled for July 2, 2018. 2. The parties jointly stipulated to exclude the time be..
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STIPULATION AND ORDER EXCLUDING TIME FROM JUNE 4, 2018 THROUGH JULY 2, 2018
HAYWOOD S. GILLIAM, JR., District Judge.
Plaintiff United States of America and defendant Rafael Mendoza, by and through their respective counsel of record herein, hereby stipulate as follows:
1. On June 4, 2018, the parties appeared before the Court for status or entry of a chance of plea. The next appearance is a change of plea scheduled for July 2, 2018.
2. The parties jointly stipulated to exclude the time between June 4, 2018 and July 2, 2018, from the time in which the defendant must be brought to trial pursuant to the Speedy Trial Act, 18 U.S.C. § 3131 et al. The defendant and his counsel continue to review the discovery produced by the government. Therefore, the parties agree that the time period of June 4, 2018 and July 2, 2018, inclusive, should be excluded pursuant to 18 U.S.C. § 3161(h)(7)(A), (h)(7)(B)(i) and (h)(7)(B)(iv) on the basis that the ends of justice served by the continuance outweigh the best interests of the public and defendant in a speedy trial, and failing to exclude time between June 4, 2018 and July 2, 2018, would deny counsel for defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
IT IS SO STIPULATED.
Attestation of Filer
In addition to myself, the other signatories to this document are Frederick R. Remer and Harris Taback. I attest that I have permission from Mr. Taback to enter a conformed signature on behalf of him and Mr. Remer and to file the document.
ORDER
Based upon the representations of counsel and foor good cause shown, the Court finds that failing to exclude the time between June 4, 2018 and July 2, 2018, would unreasonably deny counsel for defendant 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 finnds that the ends of justice served by excluding the time between June 4, 2018 and July 2, 20118, from computation under the Speedy Trial Act outweigh the best interests of the public and the defendants in a speedy trial. Therefore, IT IS HEREBY ORDERED that the time between June 4, 20018 and July 2, 2018, shall be excluded from computation under the Speedy Trial Act. 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
