The opinion of the court was delivered by: Judge: Hon. Lawrence J. O'Neill
STIPULATION TO CONTINUE STATUS CONFERENCE AND ORDER THEREON Date: December 17, 2010 Time: 8:30 a.m.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, DAVID L. GAPPA, Assistant United States Attorney, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for Defendant Timothy David Bodine, that the date for status conference may be continued to December 17, 2010, or the soonest date thereafter that is convenient to the court. The date currently set for status conference is November 18, 2010 at 8:30 a.m. The requested new date is December 17, 2010 at 8:30 a.m.
The defense has retained an expert to conduct a forensic examination of the computer hard drives at issue in this case, but the exam has not yet been completed. This continuance is requested to allow time for the defense examination to be completed prior to the upcoming status conference. This will allow the parties to more accurately advise the court of the status of the case.
The parties agree that the delay resulting from the continuance shall be excluded as necessary for effective defense preparation pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv). For this reason, the ends of justice served by the granting of the requested continuance outweigh the interests of the public and the defendant in a speedy trial.
BENJAMIN B. WAGNER United States Attorney DATED: November 16, 2010 DAVID L. GAPPA Assistant United States Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Defender DATED: November 16, 2010 ERIC V. KERSTEN Assistant Federal Defender Attorney for Defendant Timothy David Bodine
The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv). While the motion to continue is granted, the case is getting too old. At the next hearing, counsel should be in a position to set the trial.
Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE
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