IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Russell L. Carlberg, Assistant United States Attorney, together with counsel for defendant Joy Johnson, Donald H. Heller, Esq., counsel for defendant Cory Whalen, John R. Manning, Esq., counsel for defendant Elizabeth Carrion, Bruce L. Locke, Esq., counsel for defendant Carmen Galeano, Joseph J. Wiseman, Esq., counsel for defendant Angelito Evangelista, Dwight M. Samuel, Esq., counsel for defendant Clarisa Ang, Michael D. Long, Esq., counsel for defendant Cris Ang, Michael B. Bigelow, Esq., counsel for defendant Lydia Ang, Roger W. Patton, Esq., and counsel for defendant Lenin Galeano, James R. Greiner, Esq., that the status conference presently set for January 13, 2009 be continued to March 24, 2009, at 9:15 a.m., thus vacating the presently set status conference. The reason for the continuance is the need for defense counsel to have adequate time to prepare the case.
It is further stipulated that the time between January 13, 2009 and March 24, 2009 can appropriately be excluded from the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(8)(B)(ii)(Local Code T-2) and 18 U.S.C. § 3161(h)(8)(B)(iv)(Local T-4). This is based on the complexity of the case, including over 12,000 pages of discovery, the fact there are nine co-defendants, and the complex nature of the legal and factual issues in the case based on the allegations in the Indictment (11 counts of mail fraud, two counts of false statement to financial institutions, five counts of engaging in monetary transactions in criminally derived property and forfeiture allegations) against all the defendants.
GOOD CAUSE APPEARING, it is hereby ordered that the January 13, 2009 status conference be continued to March 24, 2009 at 9:15 a.m. I find that the ends of justice warrant an exclusion of time and that the defendant's need for continuity of counsel and reasonable time for effective preparation exceeds the public interest in a trial within 70 days. THEREFORE IT IS FURTHER ORDERED that time be excluded pursuant to 18 U.S.C. § 3161(h)(8)(B)(ii)(Local Code T-2) and 18 U.S.C. § 3161(h)(8)(B)(iv)(Local Code T-4) from the date of this order to March 24, 2009.