The opinion of the court was delivered by: Judge: William B. Shubb
STIPULATION AND [PROPOSED] ORDER
TO CONTINUE STATUS CONFERENCE; EXCLUDE TIME
Date: December 3, 2012
It is hereby stipulated and agreed to between the United States of America through JASON HITT, Assistant U.S. Attorney, and defendant, BRIAN LEE JONES, by and through his counsel, BENJAMIN GALLOWAY, Assistant Federal Defender, that the status conference set for Monday, October 15, 2012, be continued to Monday, December 3, 2012 at 9:30 a.m.
Defense counsel is presently preparing for jury trial scheduled to commence the first week of November in another case. This continuance is requested to allow defense counsel additional time to prepare, to review discovery with the defendant, to examine possible defenses, to interview any potential witnesses, and to conduct ongoing investigation of the facts of this 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 December 3, 2012, pursuant to 18 U.S.C. § 3161 (h)(7)(B)(iv) [reasonable time to prepare] (Local Code T4).
DATED: October 12, 2012 Respectfully submitted, DANIEL J. BRODERICK Federal Defender /s/ Benjamin Galloway BENJAMIN GALLOWAY Assistant Federal Defender Attorney for Defendant BRIAN LEE JONES DATED: October 12 2012 BENJAMIN B. WAGNER United States Attorney /s/ Benjamin Galloway for JASON HITT 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 12, 2012, up to and including December 3, 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 15, 2012 status conference shall be continued until December 3, 2012 at 9:30 a.m.
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