The opinion of the court was delivered by: Hon. John A. Mendez United States District Court Judge
DAVID D. FISCHER, SBN 224900 Attorney at Law 1007 7th Street, Suite 100 Sacramento, CA 95814 Telephone: (916) 447-8600 Fax: (916) 930-6482 E-Mail: email@example.com Attorney for Defendant WILLIAM LAVY
DEFENDANT'S STIPULATION FOR CONTINUANCE OF STATUS CONFERENCE; AND ORDER STIPULATION
Plaintiff, United States of America, by and through its counsel, Michael Anderson and defendant William Lavy, by and through his counsel, David D. Fischer, agree and stipulate to vacate the date set for status conference, July 26, 2011 at 9:30 a.m., in the courtroom of the Honorable John A. Mendez. The parties agree that the case may be set for further status conference on September 6, 2011, at 9:30 a.m. This stipulation has been reached because defense is still conducting investigation in this case and because the defendant is still recovering from surgery that took place on June 22, 2011. The defense needs additional time to investigate the case and the defendant needs additional time to recover from his surgery.
The Government concurs with this request.
The parties further agree and stipulate that the time period from the filing of this stipulation until September 6, 2011, should be excluded in computing time for commencement of trial under the Speedy Trial Act, based upon the interest of justice under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4, to allow continuity of counsel and to allow reasonable time necessary for effective defense preparation. It is further agreed and stipulated that the ends of justice served in granting the request outweigh the best interests of the public and the defendant in a speedy trial.
Accordingly, the parties respectfully request the Court adopt this proposed stipulation.
For the reasons set forth in the accompanying stipulation of counsel, the defendant's unopposed motion to continue the case date is granted; the new date for further status conference is September 6, 2011, at 9:30 a.m. The date of July 26, 2011, at 9:30 a.m. is VACATED; and the above-captioned matter is set for further status conference on September 6, 2011, at 9:30 a.m. The court finds excludable time in this matter through September 6, 2011, under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4, to allow continuity of counsel and to allow reasonable time necessary for effective defense preparation. For the reasons stipulated by the parties, the Court finds that the interest of justice served by granting the request outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A), (h)(7)(B)(iv), Local Code T4.
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