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United States of America v. Scott James

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 26, 2011

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

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

DANIEL J. BRODERICK, Bar #89424 Federal Defender MICHAEL PETRIK, Jr., Bar #177913 Assistant Federal Defender 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorneys for Defendant SCOTT JAMES

STIPULATION AND [PROPOSED ORDER] TO SET HEARING ON OCTOBER 21, 2011, AT 9:00 A.M.; PROPOSED BRIEFING SCHEDULE

Date: September 30, 2011 Time: 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 September 30, 2011, at 9:00 a.m., and set a hearing on defendant's motions on October 21, 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 September 16, 2011; that the government will file an opposition on or before October 7, 2011; and that Mr. James may file an optional reply on or before October 14, 2011.

The parties also stipulate that the Court should exclude the period from the date of this order through October 21, 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).

ORDER

IT IS SO ORDERED. The Court orders time excluded from the date of this order through the hearing on October 21, 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

20110826

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