The opinion of the court was delivered by: Honorable John A. Mendez United States District Judge
STIPULATION AND ORDER CONTINUING STATUS CONFERENCE REASONS FOR REQUEST
Both the assistant United States Attorney assigned to the prosecution of this case, Ms. Robin Taylor, and the undersigned defense counsel, Mr. Robert M. Holley, are presently in jury trial in a rather protracted and highly complex 33 count bankruptcy fraud/money laundering case before the Honorable Frank C. Damrell, Jr. (U.S. v. James Burke, et al. Cr-S-05-365 FCD). Trial has been ongoing for approximately the past two weeks and will continue for likely another two weeks beyond the date of this filing. Prior to the beginning of trial, and during trial, preparation in this high document case has been a tremendous effort for both parties. Both counsel in the case at bar are scheduled to be in trial on Tuesday, May 11, 2010 which is the presently scheduled date for the next status conference herein which is the subject of this stipulated request for continuance.
All counsel understand the goal of moving cases through the system and would like to either set this case for trial or effectuate a satisfactory plea agreement as soon as possible. However, as the Court is aware, counsel for the defense has been in the process of having Mr. Jacobsen evaluated by a neuro-psychologist. Mr. Jacobsen has traveled to Sacramento and met with Dr. John Wicks for that purpose. Counsel has not yet received a copy of Dr. Wicks' report and consequently is not yet ready to settle this matter or make an evaluation for the purpose of trial setting.
This request is made in documentary form rather than in person at the status conference scheduled for May 11, 2010, both because neither counsel will be available for such appearance and as well as to avoid an unnecessary trip by Mr. Jacobsen, a mentally challenged adult, who presently resides in Reno, Nevada, if the same can be avoided.
For the reasons set forth above, it is hereby stipulated by and between the parties hereto through their respective counsel that the date for status conference in this case continued from Tuesday, May 11, 2010 at 9:30 a.m. to Tuesday, June 15, 2010 at 9:30 a.m.
The parties further stipulate that all time included in this continuance be excluded under the Speedy Trial Act, pursuant to 18 U.S.C. Section 3161(h)(8)(B)(ii)(Local Codes T2 and T4) through January 12, 2010, on the ground that the case is unusual and complex within the meaning of the Speedy Trial Act and for defense preparation and gathering of materials which may affect a possible plea negotiation for reasons described above, as well as the unavailability of both counsel for the presently scheduled appearance, all pursuant to 18 U.S.C. Section 3161(h)(8)(B)(ii) and (iv)(Local Codes T2 and T4).
Mr. Robin Taylor, Esq. (by RMH) Assistant United States Attorney Counsel for United States
MR. ROBERT M. HOLLEY, Esq. Counsel for Mr. Jacobsen
GOOD CAUSE APPEARING, the above calendaring change with respect to the defendant's scheduled status conference, with the stipulated provisions for exclusion of time under the Federal Speedy Trial Act IS SO ORDERED.
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