The opinion of the court was delivered by: Judge: Hon. William B. Shubb
DANIEL J. BRODERICK, Bar #89424 Federal Defender LINDA C. HARTER, Bar #179741 Chief Assistant Federal Defender 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorney for Defendant STEPHEN GASPARAS
Date: February 7, 2011
Time: 8:30 a.m.
STIPULATION AND [PROPOSED] ORDER; CONTINUING STATUS CONFERENCE) AND EXCLUDING TIME
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, MATTHEW STEGMAN, Assistant United States Attorney, attorney for Plaintiff, and LINDA C. HARTER, attorney for STEPHEN GASPARAS, that the status conference hearing date of January 10, 2011 be vacated, and the matter be set for status conference on February 7, 2011 at 8:30 a.m.
The reason for this continuance is that an information is being filed charging a class B misdemeanor which would result in this case going back before a Magistrate Judge.
Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including February 7, 2011 pursuant to 18 U.S.C. 3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.
ORDER UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the January 10, 2011, status conference hearing be continued to February 7, 2011, at 8:30 a.m. Based on the representation of defense counsel and good cause appearing there from, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time up to and including the February 7, 2011 status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.
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