The opinion of the court was delivered by: Judge: Hon. Garland E. Burrell Jr.
STIPULATION AND [PROPOSED] ORDER; CONTINUING STATUS CONFERENCE AND EXCLUDING TIME
Date: October 14, 2011 Time: 9:00 a.m.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, MATTHEW MORRIS, Assistant United States Attorney, attorney for Plaintiff, and MATTHEW SCOBLE, attorney for CY LAURA VANNOY, that the status conference hearing date of September 30, 2011 be vacated, and the matter be set for status conference on October 14, 2011 at 9:00 a.m.
The reason for this continuance is to allow defense counsel additional time to review discovery with the defendant, to examine possible defenses and to continue investigating the facts of the case.
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 October 14, 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.
DATED: September 27, 2011. DANIEL J. BRODERICK Federal Public Defender /s/ Matthew Scoble MATTHEW SCOBLE Designated Counsel for Service Attorney for LAURA VANNOY DATED: September 27, 2011. BENJAMIN WAGNER United States Attorney /s/ Matthew Scoble for MATTHEW MORRIS Assistant U.S. Attorney Attorney for Plaintiff
ORDER UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the September 30, 2011, status conference hearing be continued to October 14, 2011, at 9:00 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 October 14, 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.
GARLAND E. BURRELL, JR. United States District Judge
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