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 DECEMBER 16,
2011, AT 9:00 A.M.; PROPOSED BRIEFING SCHEDULE
Date: November 18, 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 motion hearing scheduled for November 18, 2011, at 9:00 a.m., and reset the hearing on December 16, 2011, at 9:00 a.m.
Counsel for Mr. James requires this time to review discovery, confer with Mr. James, and to prepare further motions on behalf of Mr. James.
The parties stipulate that Mr. James may file a reply brief on or before December 9, 2011.
The parties also stipulate that the Court should exclude the period from the date of this order through December 16, 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 December 16, 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
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