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United States of America v. James Dombeck

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


November 17, 2011

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

BENJAMIN B. WAGNER United States Attorney KYLE REARDON Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2700

Date: November 18, 2011 Time: 9:00 a.m.

Court: Hon. Garland E. Burrell

CONTINUING STATUS CONFERENCE STIPULATION AND [PROPOSED] ORDER

The parties request that the status conference currently set for Friday, November 18, 2011, at 9:00 a.m., be continued to Friday, January 13, 2012, at 9:00 a.m., and stipulate that the time beginning November 18, 2011, and extending through January 5, 2012, should be excluded from the calculation of time under the Speedy Trial Act. 18 U.S.C. § 3161.

Defense Counsel was substituted into this case on October 3, 2011, and has not yet had an opportunity to review all of the discovery that was provided to him. In addition, there exists the need to hire a defense forensic expert to review the computer evidence in this case. Finally, the parties are engaged in plea negotiations that will be impacted by the result of Defense Counsel's examination and the forensic review of the evidence in this case.

Accordingly, the parties believe that the continuance should be excluded from the calculation of time under the Speedy Trial Act. The additional time is necessary to ensure effective preparation, taking into account the exercise of due diligence.

18 U.S.C. § 3161(h)(7)(B)(iv); Local Code T4. The interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

The status conference in case number 2:11-CR-251 GEB, currently set for Friday, November 18, 2011, at 9:00 a.m., is continued to Friday, January 13, 2012, at 9:00 a.m., and the time beginning November 18, 2011, and extending through January 13, 2012, is excluded from the calculation of time under the Speedy Trial Act in accordance with 18 U.S.C. § 3161 and Local Code T4. The interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial.

IT IS SO ORDERED.

20111117

© 1992-2011 VersusLaw Inc.



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