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United States v. Cardoso

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 22, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
TROY L. CARDOSO DEFENDANT.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

AMENDED STIPULATION AND ORDER TO EXCLUDE TIME

The parties request that the status conference in this case be continued from September 24, 2009 to October 15, 2009 at 9:00 a.m. They stipulate that the time between September 24, 2009 and October 15, 2009 should be excluded from the calculation of time under the Speedy Trial Act. The parties stipulate that the ends of justice are served by the Court excluding such time, so that counsel for the defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T-4. Specifically, the defense is still performing its investigation in this matter. The defendant hired a computer forensic expert who examined the computer seized from the defendant during the execution of the search warrant. The defendant is awaiting receipt of the computer forensic expert's report. Once the report is received, defense counsel will need to review the report with the defendant. The parties stipulate and agree that 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)(7)(A).

Respectfully Submitted, LAWRENCE G. BROWN United States Attorney DATE: September 22, 2009 HEIKO P. COPPOLA Assistant U.S. Attorney

DATE: September 22, 2009*fn1 DWIGHT M. SAMUEL Attorney for Defendant

IT IS SO ORDERED.


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