The opinion of the court was delivered by: Honorable John A. Mendez United States District Court Judge
STIPULATION AND ORDER CONTINUING JURY TRIAL
IT IS HEREBY STIPULATED by and between Plaintiff United States of America and Attorney Robert M. Holley, Counsel for Defendant George Jacobsen, that the jury trial scheduled for February 14, 2011, be continued to May 16, 2011. The request to continue the jury trial is made for the following reasons: (1) Assistant United States Attorneys Todd D. Leras and Michelle A. Prince have recently replaced the original government counsel assigned to this case (who is leaving the country for a special assignment); (2) On December 20, 2010, Defendant Jacobsen filed a "Notice of Insanity Defense and Notice of Expert Evidence of a Mental Condition"; and (3) New government counsel needs additional time to speak with the defense's expert witness, consider the possibility of conducting an independent evaluation of Defendant's mental condition and to otherwise prepare the matter for trial in light of the anticipated mental defense.
Both parties agree that an exclusion of time is appropriate under 18 U.S.C. § 3161(h)(7)(B)(iv); Local Code T4 (reasonable time to prepare and continuity of counsel). Robert M. Holley agrees to this request and has authorized Assistant United States Attorney Todd D. Leras to sign this stipulation on his behalf.
DATED: January 6, 2011 By:TODD D. LERAS Assistant U.S. Attorney
DATED: January 6, 2011 By: MICHELLE A. PRINCE Assistant U.S. Attorney
DATED: January 6, 2011 By:for ROBERT M. HOLLEY Attorney for Defendant GEORGE JACOBSEN
1. The jury trial set for February 14, 2011, is vacated and continued to May 16, 2011, at 9:00 a.m.
2. The trial confirmation hearing scheduled for January 11, 2011, is vacated and continued to April 19, 2011, at 9:30 a.m.
3. Based on the stipulations and representations of the parties, the Court finds that the ends of justice outweigh the best interest of the public and Defendant in a speedy trial. Accordingly, time under the Speedy Trial Act shall be excluded under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4 (reasonable time to prepare and continuity of counsel) up to and including May 16, 2011.
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