The opinion of the court was delivered by: Hon. William B. Shubb
STIPULATION AND [PROPOSED] ORDER CONTINUING SENTENCING
Date: Monday, April 27, 2009
The parties request that the judgment and sentencing currently set for Monday, April 27, 2009, at 8:30 a.m., be continued to Monday, June 29, 2009, at 8:30 a.m., and stipulate that the time beginning April 27, 2009, and extending through June 29, 2009, should be excluded from the calculation of time under the Speedy Trial Act. 18 U.S.C. § 3161.
Defense counsel has informed the government that additional time is needed to prepare objections to the presentence memorandum. The defendant has pleaded guilty in this case and is awaiting sentencing. The defendant is expected to be a witness in the government's case in United States v. Blanford. That trial is currently set to begin on July 21, 2009.
The undersigned parties hereby stipulate to the following PSR disclosure schedule: The proposed PSR report was disclosed on February 2, 2009; informal objections are due by June 8, 2009; final report to the Court must be submitted by June 15, 2009; and defendant's sentencing memorandum is due by June 22, 2009.
Accordingly, the parties believe that the continuance should be excluded from the calculation of time under the Speedy Trial Act. The additional time is necessary to ensure effective preparation, taking into account the exercise of due diligence.
18 U.S.C. § 3161(h)(8)(B)(iv); Local Code T4. The interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(8)(A).
Respectfully Submitted, LAWRENCE G. BROWN Acting United States Attorney
KYLE REARDON Assistant U.S. Attorney
JOHN M. RUNFOLA Attorney for the ...