STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE HEARING AND EXCLUDING TIME
Date: January 23, 2012 Time: 9:30 a.m. Ctrm: 5 (WBS)
IT IS HEREBY STIPULATED by Christopher James Tonkin, 18 through his counsel Clyde M. Blackmon and by the United States 19 of America, through its counsel, Assistant U.S. Attorney Kyle 20 Reardon, that the status conference now set for January 23, 21 2012, at 9:30 a.m., be continued to March 5, 2012 at 9:30 a.m.
This case involves a seized computer and expert analysis of 23 that computer. To date, defense counsel has been unable to 24 fully investigate the government's forensic analysis of the 25 defendant's computer and determine whether or not a defense 26 27 28 expert is necessary. The additional time is necessary to permit 2 such investigation. 3
The parties further stipulate that the time from the 4 currently set status conference on January 23, 2012, through March 5, 2012, the requested date for the continued status 6 conference, should be excluded from computation of the time 7 period in which trial should commence under the Speedy Trial 8 Act. The parties stipulate that the ends of justice would be 9 served by the Court excluding that time period from computation 10 because of the volume of discovery in the matter and the need 11 for the defense to counsel to have reasonable time for effective 12 preparation, taking into account the exercise of due diligence. 13 18 U.S.C. §3161(h)(7)(B)(iv). 14
For these reasons, Mr. Tonkin, his counsel and the
government stipulate and agree that the ends of justice served 16
by granting the requested continuance of the status conference 17
outweigh the best interests of the public and Mr. Tonkin in a 18
speedy trial. 19 20
DATED: January 19, 2012 By: //s// Clyde M. Blackmon for KYLE REARDON 23 Assistant U.S. Attorney 24 25 DATED: January 19, 2012 By: _//s// Clyde M. Blackmon___ CLYDE M. BLACKMON, BLACKMON & ASSOCIATES, Attorneys for Defendant 26 27 CHRISTOPHER J. TONKIN
IT IS HEREBY ORDERED that the status conference currently 3 set for January 23, 2012, at 9:30 a.m. is continued to March 5, 2012, at 9:30 a.m. For the reasons stipulated by the parties, 5 good cause exists pursuant to 18 U.S.C. §3161(h)(7)(B)(iv), and 6 time is excluded under the Speedy Trial Act through March 5, 7 2012. For the reason set for in the stipulation of the parties, 8 the ends of justice served by granting this continuance outweigh 9 the best interests of the public and Mr. Tonkin in a speedy 10 trial. 18 U.S.C. §3161(h)(7)(B)(iv) (Local Code T4). 11 12
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