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United States v. Blanton

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


May 24, 2010

UNITED STATES OF AMERICA PLAINTIFF,
v.
NATHANIEL BLANTON, AKA NATE BLANTON, DEFENDANT.

The opinion of the court was delivered by: Hon. John A. Mendez United States District Court Judge

STIPULATION AND ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME

The Unites States of America, represented by Assistant United States Attorney, Russell L. Carlberg, and the defendant, Nathaniel Blanton, represented by his attorney, Tom Johnson, hereby agree and stipulate that the current date set for the status conference, Tuesday, May 25, 2010, may be vacated and rescheduled for Tuesday, June 29, 2010, at 9:30 a.m. before the Honorable United States District Court Judge, John A. Mendez. The Court's courtroom deputy, Mr. Harry Vine, was contacted to ensure the Court was available on that date.

The reason for the continuance is to allow defense counsel time to review approximately 1,700 pages of documents related to several mortgage loan transactions. There are also several audio recordings that need to be reviewed. Because this is a mortgage fraud case, it involves several areas of complexity relating to the loan application process, underwriting, and other aspects of real estate purchasing.

Therefore, the parties agree and stipulate that time under the Speedy Trial Act should be excluded under Title 18, United States Code, Section 3161(h)(7)(b)(ii) and section 3161(h)(7)(B)(iv), corresponding to Local code T-2 (the complexity of the case) and Local Code T-4 (to allow defense counsel time to prepare) from Tuesday May 25, 2010 through and including Tuesday, June 29, 2010.

Respectfully submitted:

BENJAMIN WAGNER UNITED STATES ATTORNEY

DATED: 5-21-10

Russell L. Carlberg ASSISTANT UNITED STATES ATTORNEY

DATED: 5-21-10

Thomas Johnson (by permission) Attorney for Defendant Nathaniel Blanton

ORDER

The Status Conference currently set for Tuesday, May 25, 2010, is vacated and rescheduled for Tuesday, June 29, 2010, at 9:30 a.m.. The Court finds that the interests of justice outweigh the public's interest in a speedy trial and finds that time may be excluded through June 29, 2010. 18 U.S.C. § 3161(h)(7)(A). The basis for the time exclusion is for both for defense preparation and case complexity. 18 U.S.C. §§ 3161(h)(7)(b)(ii), (B)(iv), Local code T-2 (the complexity of the case) and Local Code T-4 (defense preparation).

IT IS SO ORDERED.

20100524

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