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United States of America v. Scott James

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 29, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
SCOTT JAMES, DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Garland E. Burrell

STIPULATION AND [PROPOSED ORDER] TO SET HEARING ON SEPTEMBER 30, 2011, AT 9:00 A.M.; PROPOSED BRIEFING SCHEDULE Date: July 29, 2011Time: 9:00 a.m.

THE PARTIES STIPULATE, through counsel, Paul Hemesath, Assistant United States Attorney, and Michael Petrik, Jr., attorney for Mr. James, that the Court should vacate the status conference scheduled for July 29, 2011, at 9:00 a.m., and set a hearing on defendant's motions on September 30, 2011, at 9:00 a.m.

Counsel for Mr. James requires this time to review discovery, confer with Mr. James, and to prepare motions on behalf of Mr. James.

The parties stipulate that Mr. James will file motions on or before August 26, 2011; that the government will file an opposition on or before September 16, 2011; and that Mr. James may file an optional reply on or before September 23, 2011.

The parties also stipulate that the Court should exclude the period from the date of this order through September 30, 2011, when it computes the time within which the trial of the above criminal prosecution must commence for purposes of the Speedy Trial Act. The parties stipulate that the ends of justice served by granting Mr. James' request outweigh the best interest of the public and Mr. James in a speedy trial, and that this is an appropriate exclusion of time for defense preparation within the meaning of 18 U.S.C. § 3161(h)(7)(A) and (B) (Local Code T4).

Dated: July 27, 2011

Respectfully submitted, DANIEL BRODERICK Federal Defender /s/ M.Petrik MICHAEL PETRIK, Jr. Assistant Federal Defender Attorney for Scott James Dated: July 27, 2011 BENJAMIN B. WAGNER United States Attorney /s/ M.Petrik for PAUL HEMESATH Assistant U.S. Attorney

ORDER

IT IS SO ORDERED. The Court orders time excluded from the date of this order through the hearing on September 30, 2011, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B) (Local Code T4). For the reasons set forth above, the Court finds that the ends of justice served by granting Mr. James' request for a continuance outweigh the best interest of the public and Mr. James in a speedy trial.

GARLAND E. BURRELL, JR. United States District Judge

20110729

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