IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 2, 2012
UNITED STATES OF AMERICA,
MICHAEL ALTIT, DEFENDANT.
The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge
STIPULATION AND [PROPOSED] ORDER
TO CONTINUE STATUS CONFERENCE; ) EXCLUDE TIME
Date: November 16, 2012
Time: 9:00 a.m.
Judge: Garland E. Burrell, Jr.
It is hereby stipulated and agreed to between the United States of America through LEE SAARA BICKLEY, Assistant U.S. Attorney, and defendant, MICHAEL ALTIT, by and through his counsel, BENJAMIN GALLOWAY, Assistant Federal Defender, that the status conference set for Friday, October 5, 2012, be continued to Friday, November 16, 2012 at 9:00 a.m.
This continuance is requested to allow defense counsel additional time to prepare, to review discovery with the defendant, to examine possible defenses, and to conduct ongoing investigation of the facts of the case.
The parties stipulate that the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendant in a speedy trial.
Speedy trial time is to be excluded from the date of this order through the date of the status conference set for November 16, 2012, pursuant to 18 U.S.C. § 3161 (h)(7)(B)(iv) [reasonable time to prepare] (Local Code T4).
DATED: October 1, 2012 Respectfully submitted, DANIEL J. BRODERICK Federal Defender /s/ Benjamin Galloway BENJAMIN GALLOWAY Assistant Federal Defender Attorney for Defendant MICHAEL ALTIT DATED: October 1, 2012 BENJAMIN B. WAGNER United States Attorney /s/ Benjamin Galloway for LEE SAARA BICKLEY Assistant U.S. Attorney Attorney for Plaintiff
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. The Court specifically finds that the failure to grant a continuance in this case would deny 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 the requested continuance outweigh the best interests of the public and defendant in a speedy trial.
The Court orders that the time from the date of the parties stipulation, October 1, 2012, up to and including November 16, 2012, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) T4 (reasonable time for counsel to prepare).
It is further ordered that the October 5, 2012 status conference shall be continued until November 16, 2012 at 9:00 a.m.
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