IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 6, 2011
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Judge: Hon. Garland E. Burrell
STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE
DATE: November 4, 2011 TIME: 9:00 a.m.
It is hereby stipulated and agreed to between the United States of America through KYLE REARDON, Assistant U.S. Attorney, and defendant, WILFRED LUCE, by and through his counsel, BENJAMIN GALLOWAY, Assistant Federal Defender, that the status conference set for Friday, October 7, 2011, be continued to Friday, November 4, 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.
Speedy trial time is to be excluded from the date of this order through the date of the status conference set for November 4, 2011, pursuant to 18 U.S.C. § 3161 (h)(7)(B)(iv) [reasonable time to prepare] (Local Code T4).
DATED: October 5, 2011 Respectfully submitted, DANIEL J. BRODERICK Federal Defender /S/ Benjamin Galloway BENJAMIN GALLOWAY Assistant Federal Defender Attorney for Defendant WILFRED LUCE DATED: October 5, 2011 BENJAMIN B. WAGNER United States Attorney /s/ Kyle Reardon KYLE REARDON Assistant U.S. Attorney Attorney for Plaintiff
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. The Court specifically finds that the failure to grant a continuance in this case would deny 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 the requested continuance outweigh the best interests of the public and defendant Wilfred Luce in a speedy trial.
The Court orders that the time from the date of the parties stipulation, October 5, 2011, up to and including November 4, 2011, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) T4 (reasonable time for counsel to prepare). It is further ordered that the October 7, 2011, status conference shall be continued until November 4, 2011, at 9:00 a.m.
GARLAND E. BURRELL, JR. United States District Judge
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