The opinion of the court was delivered by: Judge: Hon. Lawrence J. O'Neill
DANIEL J. BRODERICK, #89424 Federal Defender ANN H. VORIS, Bar #100433 Assistant Federal Defender Designated Counsel for Service 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant WESTLEY GRANT STEVENS
STIPULATION TO CONTINUE STATUS CONFERENCE; ORDER of DENIAL
Date: January 21, 2011 Time: 9:00 a.m.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel that the status conference in the above-captioned matter now set for December 17, 2010, may be continued to January 21, 2011, at 9:00 a.m.
This reason for the continuance is to permit further negotiation and investigation. Additionally, there is no offer yet, as Assistant U.S. Attorney David Gappa is out of the office. Since the case is probably going to be set for trial, further expert evidence review will be necessary, along with the investigation of new motions including reconsideration based on new facts.
This continuance will conserve time and resources for both parties and the court.
The parties agree that the delay resulting from the continuance shall be excluded in the interests of justice, including but not limited to, the need for the period of time set forth herein for effective defense preparation pursuant to 18 U.S.C. §§ 3161(h)(7)(A), (B)(ii), and (iv).
The case is approaching 5 months in age. There is no explanation why the investigation has not been completed, or the negotiations either fruitful or not fruitful. There is nothing to suggest that the AUSA's absence from the office is anything but routine and scheduled time off. While the Court plans to take a reasonable approach on how far in the future to set the matter for trial, the hearing on December 17, 2010 should be used to set such a trial date.
Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE
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