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United States v. Frisbey

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


January 13, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DALE FRISBEY, ET AL., DEFENDANTS.

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

STIPULATION AND ORDER CONTINUING EXCLUDING TIME UNDER THE SPEEDY STATUS CONFERENCE DATE AND TRIAL ACT Date: January 14, 2010 Time: 9:00 a.m.

Court: Hon. Morrison C. England

It is hereby stipulated and agreed by and between plaintiff United States of America, on the one hand, and defendants Dale Frisbey, Thomas Coopman, Edwin Toole, and Montgomery Atwater, on the other hand, through their respective attorneys, that: (1) the status conference scheduled for January 14, 2010, at 9:00 a.m., shall be continued to February 18, 2010 at 9:00 a.m.; and (2) time from the date of this stipulation through, and including, the date of the status conference on February 18, 2010, shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(ii) and (iv) and Local Codes T2 (unusual or complex case) and T4 (preparation by prosecution and defense counsel).

The parties note that there are nine counts, a forfeiture allegation, and four defendants named in the Indictment. The conspiracy counts listed span from 2001 through 2009. The criminal acts alleged in the Indictment span at least five counties and were investigated by at least four law enforcement agencies. There were at least five tracker warrants and four search warrants executed during the investigation. The United States has encountered obstacles in producing discovery on a more timely basis, including a substantial portion of the electronic media that constitutes discovery would not "run" or "open" properly when copied from one type of electronic media to computer disks, and a large amount of personal identifying information regarding witnesses and non-defendants had to be redacted from numerous documents. Despite these obstacles, the United States agrees that it shall produce the initial round of discovery by January 15, 2010. Based on these facts, the parties stipulate and agree that it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in § 3161, the case is unusual or complex within the meaning of the Speedy Trial Act, and the requested continuance is necessary to provide both the prosecution and defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

Dated: January 12, 2010

ORDER

The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. Based on the stipulation of the parties and the recitation of facts contained therein, the Court finds that it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in 18 U.S.C. § 3161 and that the case is unusual and complex within the meaning of the Speedy Trial Act. The Court specifically finds that the ends of justice served by the granting of such continuance outweigh the interests of the public. The Court also finds the requested continuance is necessary to provide both prosecution and defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. It is ordered that the time from the date of the parties' stipulation January 12, 2010, to and including February 18, 2010, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(ii) and (iv) and Local Codes T2 (unusual and complex case) and T4 (preparation by both prosecution and defense counsel).

It is further ordered that the January 14, 2010, status conference shall be continued until February 18, 2010, at 9:00 a.m.

It is so ordered.

20100113

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