The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge
BENJAMIN B. WAGNER United States Attorney KYLE REARDON Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 (916) 554-2700 (916) 554-2900 FAX
AMENDED STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE FROM SEPTEMBER 21, 2012, UNTIL NOVEMBER 30, 2012 STIPULATION
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows:
1. By previous order, this matter was set for status on September 21, 2012.
2. By this stipulation, the defendant now moves to continue the status conference until November 30, 2012, and to exclude time between September 21, 2012, and November 30, 2012 under Local Code T4.
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 several hundred pages of discovery. Included with this discovery is a significant amount of computer evidence. All of this discovery has been either produced directly to counsel and/or made available for inspection and copying.
b. Counsel for defendant has petitioned the Court for approval to retain an expert computer forensic analyst. This request has been approved by the Court and is pending with the Ninth Circuit. The additional time is sought in order to permit the defense forensic expert to perform his analysis of the defendant's computer evidence.
c. Counsel for defendant believes that failure to grant the above-requested continuance would deny him 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 21, 2012 to November 30, 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 ...