IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 26, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
ANTHONY BOYKIN DEFENDANT.
STIPULATION AND [PROPOSED] ORDER TO VACATE THE CURRENT TRIAL CONFIRMATION HEARING, VACATE THE TRIAL DATE, AND SET A STATUS CONFERENCE DATE: February 1, 2010 TIME: 8:30 a.m. Hon. William B. Shubb
Defendant, by and through his undersigned counsel, Johnny L. Griffin III, and the United States of America, through Assistant United States Attorney, Heiko Coppola, hereby agree and stipulate to vacate the current trial confirmation hearing set for February 1, 2010, vacate the trial date of February23, 2010 and set a status conference for March 22, 2010 at 8:30 a.m.*fn1 This vacating of the trial confirmation hearing and trial date is requested because both parties seek to obtain a pre-plea report from the United States Probation Department, regarding the appropriate scoring of Defendant's Criminal History. Accordingly, counsel requests an Order from this Court directing the United States Probation Department to prepare a pre- plea report.*fn2 Defense counsel will need additional time to review the report with the defendant, perform investigation related to the contents of the pre-plea report, review the discovery provided, and prepare for further hearings.
The parties further agree and stipulate that time be excluded from February 23, 2010 to March 22, 2010 pursuant Local Code T-4, for defense preparation, and 18 U.S.C. §3161(h)(7)(B)(iv). The parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the defendant and the public in a speedy trial. 18 U.S.C. 3161(h)(7)(A)
Based on the stipulation of the parties and good cause apparent therein, the Court hereby vacates the February 1, 2010 trial confirmation hearing, and the February 23, 2010 trial date, and sets a status conference for March 22, 2010 at 8:30 a.m. Time is excluded between February 1, 2010 and March 22, 2010 pursuant to 18 U.S.C. 3161(h)(7)(B)(iv) and Local Code T-4 Additionally, the Court orders the United States Probation Department to prepare a pre-plea report in this case.
The Court finds that the failure to grant the Defendant's request in this case would deny Defendants' counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court specifically finds that the ends of justice are served by the granting of such request and outweigh the best interests of the public and the Defendant in a speedy trial.
Based on these findings and pursuant to the stipulation of the parties, the Court hereby adopts the stipulation of the parties in its entirety as its order.
IT IS SO ORDERED.