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United States of America v. Patricia Albright

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


October 1, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
PATRICIA ALBRIGHT, JORDAN ROBERT WIRTZ, 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 PATRICIA ALBRIGHT

CONTINUING TRIAL CONFIRMATION HEARING AND JURY TRIAL AND EXCLUDING TIME STIPULATION AND [PROPOSED]

ORDER;

Date: February 22, 2013 Time: 9:00 a.m.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, MICHAEL BECKWITH, Assistant United States Attorney, attorney for Plaintiff, and MATTHEW SCOBLE, attorney for PATRICIA ALBRIGHT, and JOHN MANNING, attorney for JORDAN ROBERT WIRTZ, that the trial confirmation hearing date of October 5, 2012 and the jury trial date of November 6, 2012 be vacated, and the matter be set for trial confirmation hearing on February 22, 2013 at 9:00 a.m. and jury trial on March 26, 2013 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 February 22, 2013 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 October 5, 2012, trial confirmation hearing and the November 6, 2012 jury trial be continued to February 22, 2013, at 9:00 a.m. for trial confirmation hearing and March 26, 2013, at 9:00 a.m. for jury trial. 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 February 22, 2013 trial confirmation hearing 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. Senior United States District Judge

20121001

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