[PROPOSED] ORDER EXCLUDING TIME FROM NOVEMBER 5, 2018 TO JANUARY 16, 2019

EDWARD M. CHEN, District Judge.

The defendant, Christopher Kinney, represented by Gail Shifman, and the government, represented by Karen Kreuzkamp, Assistant United States Attorney, appeared before the Court on November 5, 2018 for a status hearing. Defense counsel advised the Court that while some of the neuropsychological examination of the defendant had been completed, additional testing was still needed. Defense counsel requested a continuance of the matter to January 16, 2019.

The matter was continued to January 16, 2019 at 2:30 p.m. to set further proceedings. Counsel for both parties requested that time be excluded under the Speedy Trial Act between November 5, 2018 and January 16, 2019 to allow for the neuropsychological examination for the defendant, as well as continued effective preparation of counsel, taking into account the exercise of due diligence.

Based upon the representation of counsel and for good cause shown, the Court finds that failing to exclude the time between November 5, 2018 and January 16, 2019 would unreasonably deny the defendant the ability to obtain medical care and would deny defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and would result in a miscarriage of justice. See 18 U.S.C. § 3161(h)(1)(A), (h)(7)(A) and (B)(iv). The Court further finds that the ends of justice served by excluding the time between November 5, 2018 and January 16, 2019 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 November 5, 2018 and January 16, 2019 shall be excluded from computation under the Speedy Trial Act. 18 U.S.C. § 3161(h)(1)(A), (h)(7)(A) and (B)(iv).