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United States of America v. Phillip Colwell

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


March 20, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
PHILLIP COLWELL,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Garland E. Burrell Jr.

DANIEL J. BRODERICK, Bar #89424 Federal Defender MATTHEW M. SCOBLE, Bar #237432 Designated Counsel for Service 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorney for Defendant PHILLIP COLWELL

STIPULATION AND [PROPOSED] ORDER; CONTINUING STATUS CONFERENCE AND EXCLUDING TIME Date: April 13, 2012 Time: 9:00 a.m.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, LAUREL WHITE, Assistant United States Attorney, attorney for Plaintiff, and MATTHEW SCOBLE, attorney for PHILLIP COLWELL, that the status conference hearing date of March 23, 2012 be vacated, and the matter be set for status conference on April 13, 2012 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 April 13, 2012 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.

ORDER UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the March 23, 2012, status conference hearing be continued to April 13, 2012, 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 April 13, 2012 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

20120320

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