The opinion of the court was delivered by: Hon. William B. Shubb, Jr.
BENJAMIN B. WAGNER United States Attorney KYLE REARDON Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2700
STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE
Date: Monday, January 10, 2011 Time: 9:00 am
The parties appeared before the Court on Monday, January 10, 2011. At that time, the defendant entered a guilty plea to count two of the indictment, charging him with possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B). C.R. 31. The Court ordered sentencing on count two to occur on March 28, 2011. Id.
At the change of plea, the United States expressed its intent to proceed with the remaining count in the indictment; however, the parties were ordered to return on the sentencing date for further status and no dates particular to count one were set. The parties neglected to seek and the court did not order an exclusion of the calculation of time under the Speedy Trial Act for count one.
Accordingly, the parties believe that the time from the entry of the change of plea to count two through sentencing on count two should be excluded from the calculation of time under the Speedy Trial Act. The exclusion of time is appropriate to ensure effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv); Local Code T4. In particular, as stated by defense counsel at the change of plea, the decision about how proceed with the remaining count in the indictment may be impacted by the ultimate disposition of count one. Consequently, the parties believe that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(8)(A).
As it concerns count one in case number 2:09-CR-0532 WBS, the time beginning January 10, 2011, and extending to the judgment and sentencing date for count two in case number 2:09-CR-0532 WBS, is excluded from the calculation of time under the Speedy Trial Act in accordance with 18 U.S.C. § 3161 and Local Code T4.
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