IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 12, 2012
THE UNITED STATES OF AMERICA,
ALLA SAMCHUK DEFENDANT.
The opinion of the court was delivered by: Judge: Hon. Garland E. Burrell
STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT;
[PROPOSED] FINDINGS AND ) ORDER
Time: 9:00 a.m.
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through her counsel of record, hereby stipulate as follows:
1. By previous order, this matter was set for status on September 14, 2012.
2. By this stipulation, defendant now moves to continue the status conference until November 2, 2012 and to exclude time between September 14, 2012 and November 2, 2012 under Local Code T4. Plaintiff does not oppose this request.
3. The parties agree and stipulate, and request that the Court find the following:
a. The government has represented that the discovery associated with this case includes four recordings in Russian, approximately 2780 pages of discovery which includes numerous bank records and mortgage loan documents, as well as witness interviews. All of this discovery has been either produced directly to counsel and/or made available for inspection and copying.
b. Counsel for defendant desires additional time to have the recordings in Russian translated and transcribed and to consult with her client, to review the current charges, to conduct investigation and research related to the charges, to finish ongoing investigation, and to discuss potential resolutions with her client.
c. Counsel for defendant believes that failure to grant the above-requested continuance would deny her the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
d. The government does not object to the continuance.
e. Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.
f. For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of September 14, 2012 to November 2, 2012, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) [Local Code T4] because it results from a continuance granted by the Court at defendant's request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.
4. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.
IT IS SO STIPULATED.
Dated: September 12, 2012 Respectfully submitted, /s/ Kelly Babineau KELLY BABINEAU Attorney for Alla Samchuk Dated: September 12, 2012 /s/ Michael Anderson Kelly Babineau for: MICHAEL ANDERSON Assistant U.S. Attorney
OR D E R
IT IS SO FOUND AND ORDERED.
GARLAND E. BURRELL, JR. Senior United States District Judge
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