The opinion of the court was delivered by: Judge: Hon. William B. Shubb
STIPULATION AND [PROPOSED]ORDER Date: August 25, 2008 Time: 8:30 a.m.
It is hereby stipulated between the parties, Assistant United States Attorney Philip Ferrari, and Assistant Federal Defender Caro Marks, attorney for defendant David Darrell Hubbs, as follows:
The status conference hearing date of August 18, 2008, should be continued for change of plea, until August 25, 2008.
The parties concur the need for a one-week continuance to allow U.S. Probation to complete its criminal history calculation of the defendant, at the defendant's request. The probation officer doing the criminal history calculation is out of the office until August 18, 2008, and this continuance will give her, and the parties time to learn the defendant's criminal history so as to calculate his guidelines sentence.
Therefore, IT IS STIPULATED between the parties that the time period between the signing of this Order up to and including August 25, 2008, be excluded in computing the time within which trial must commence under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(8)(B)(iv) and Local Code T4, for ongoing preparation of counsel.
Dated: August 11, 2008 Respectfully submitted,
DANIEL J. BRODERICK Federal Defender
CARO MARKS Attorney for Defendant DAVID DARRELL HUBBS
PHILIP FERRARI Assistant United States Attorney
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the August 18, 2008, status conference be continued to August 25, 2008, at 8:30 a.m. Based on the representation of defense counsel and good cause appearing there from, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time up to and including the status conference on August 25, 2008 shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(8)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.
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