The opinion of the court was delivered by: Judge: Hon. Garland E. Burrell
STIPULATION AND (PROPOSED) ORDER
Date: June 25, 2010 Time: 9:00 a.m.
IT IS HEREBY STIPULATED between the parties, Samuel Wong, Assistant United States Attorney, for plaintiff United States of America, on the one hand, and Douglas Beevers, Assistant Federal Defender, attorney for defendant Theresa Ann Carr, and C. Emmett Mahle, attorney for defendant Robert Carr, on the other hand, that the status conference of June 25, 2010, at 9:00 a.m., be vacated, and the matter be set for status conference on August 6, 2010, at 9:00 a.m.
The reason for the continuance is that counsel is expecting to receive a plea agreement and we are continuing ongoing plea negotiations. Also, defense counsel need additional time to discuss with their respective clients of the state of the evidence which is voluminous and comprises over 30 boxes of documents, the ramifications of any plea offer, and the risks of proceeding with the litigation. 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 18 U.S.C. § 3161, the case is unusual or complex within the meaning of the Speedy Trial Act, and the requested continuance is necessary to provide defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
IT IS STIPULATED that the period from the date of the parties' stipulation, June 23, 2010, and up to and including August 6, 2010, shall be excluded in computing the time within which 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 and complex case) and T4 (ongoing preparation of defense counsel).
C. EMMETT MAHLE Attorney for Defendant ROBERT CARR
DOUGLAS BEEVERS Attorney for Defendant
BENJAMIN B. WAGNER United States Attorney
SAMUEL WONG Assistant U.S. ...