IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
July 20, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
ANTHONY VASSALLO, DEFENDANT.
STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE HEARING AND EXCLUDING TIME Date: July 17, 2009 Time: 9:00 a.m. Ctrm: 10
IS HEREBY STIPULATED by Anthony Vassallo, through his counsel Blackmon & Associates, and by the United States of America, through its counsel, Assistant U.S. Attorney Robin Taylor, that the status conference now scheduled for 9:00 a.m. on July 17, 2009, be continued to September 11, 2009, at 9:00 a.m.
Anthony Vassallo is charged in an indictment filed on April 15, 2009, with one count of mail fraud in violation of 18 U.S.C §1341, eleven counts of wire fraud in violation of 18 U.S.C. §1343 and four counts of money laundering in violation of 18 U.S.C. §1957.
On May 27, 2009, defense counsel for Mr. Vassallo received discovery from the prosecution consisting of over 9,800 pages of documents, interview reports and other related materials. A review of those documents is underway and the defense requires additional time to complete a full analysis of these materials and to determine what, if any, defense investigation efforts should be commenced. Additional time is also needed to fully consider all factual and legal aspects of the case and to communicate further with the defendant concerning possible strategies and outcomes.
Due to these circumstances and the need for additional time for defense counsel to conduct a thorough review of the discovery and to conduct further preparation, the parties stipulate that the July 17, 2009 status conference be continued to 9:00 a.m. on September 11, 2009. The parties further agree and stipulate that the public interest in a speedy trial is outweighed by the interests of justice, given defense counsel's need for further preparation. Therefore, the parties stipulate that pursuant to 18 U.S.C. §3161(h)(7)(B)(iv) [Local Code T4] that time shall be excluded from July 17, 2009, to September 11, 2009, to give defense counsel additional time in which to prepare. In addition, the parties stipulate that the allegations underlying this matter concern a complex set of facts involving numerous individuals and multiple entities. For that reason, the parties stipulate that pursuant to 18 U.S. C. §3161(h)(7)(B)(ii) [Local Code T2], time should be excluded from July 17, 2009, to September 11, 2009, due to the complex nature of the case.
IT IS SO STIPULATED.
DATED: July 15, 2009
This matter having come before me pursuant to the stipulation of the parties and good cause appearing therefore,
IT IS ORDERED THAT: the status conference hearing now set for July 17, 2009, at 9:00 a.m. is vacated and the matter is set for a status conference hearing on September 11, 2009, at 9:00 a.m.
Further, the Court finds that time is excluded based upon the representation of the parties that the interests of justice outweigh the public interest in a speedy trial, given the need for further defense preparation. Therefore, the Court finds that time is excluded, based upon the representation of the parties, due to complexity and to allow adequate defense preparation, and such time will be excluded pursuant to the Speedy Trial Act, 18 U.S.C. §3161(h)(8)(B)(ii) and (iv) [Local Code T2 and T4], from July 17, 2009 until the next appearance on September 11, 2009.
IT IS SO ORDERED.
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