The opinion of the court was delivered by: Edward J. Garcia United States District Judge
DATE: November 13, 2009 Time: 10:00 a.m. Judge: Edward J. Garcia
It is hereby stipulated and agreed to between the United States of America through RICHARD J. BENDER, Assistant U.S. Attorney, and defendant, MATTHEW M. FRATICELLI, by and though his counsel, DENNIS S. WAKS, Supervising Assistant Federal Defender, that the status conference set for Thursday, October 15, 2009, be continued to Friday, November 13, 2009, at 10:00 a.m.
This continuance is being requested because defense counsel requires additional time to review discovery, discuss the case with the government, and pursue investigation. Furthermore, the defendant has been examined by a psychiatrist and we are waiting to review the final report. After that is reviewed, the defense will be in a position to pursue either a negotiated settlement or to set further dates in anticipation of trial. In addition, government counsel will be out of town and unavailable on October 23, 30, and Nov. 6, 2009. However, the parties should be able to make use of the interim time period to consider the possible options after the mental examination report is reviewed, which should occur within the next one or two weeks.
Speedy trial time is to be excluded from the date of this order through the date of the status conference set for November 13, 2009, pursuant to 18 U.S.C. § 3161 (h)(7)(B)(iv) [reasonable time to prepare] (Local Code T4).
DANIEL J. BRODERICK Federal Defender
DENNIS S. WAKS Supervising Assistant Federal Defender Attorney for Defendant MATTHEW M. FRATICELLI
LAWRENCE G. BROWN United States Attorney
Dennis S. Waks for Richard J. Bender
RICHARD J. BENDER Assistant ...