The opinion of the court was delivered by: Judge: William B. Shubb
DANIEL J. BRODERICK, #89424 Federal Defender BENJAMIN D. GALLOWAY, CA Bar #214897 Assistant Federal Defender Designated Counsel for Service 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorney for Defendant BRIAN LEE JONES
STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE AND ) REQUEST PRE-PLEA PSR; EXLUDE
TIME Date: January 22, 2013
Time: 9:30 a.m.
This case is currently scheduled for a status conference on December 3, 2012. The parties have conferred and agree that additional time is needed for preparation and negotiation between the parties with the hope of resolving the case. Specifically, the parties have agreed that a pre-plea advisory guideline presentence investigation report would aid the parties toward resolving the case.
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, December 3, 2012 be vacated, and continued to Tuesday, January 22, 2013 at 9:30 a.m. This continuance is requested to allow defense counsel additional time to prepare, to conduct ongoing investigation of the facts, and to work toward resolution of this case.
The parties respectfully request that this Court order the Probation Office to prepare a pre-plea advisory guideline presentence investigation report and serve on the parties prior to the next hearing date.
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 January 22, 2013, pursuant to 18 U.S.C. § 3161 (h)(7)(B)(iv) [reasonable time to prepare] (Local Code T4).
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 December 3, 2012 status conference shall be continued until January 22, 2013 at 9:30 a.m., and that the time from the date of the parties stipulation, November 16, 2012, up to and including January 22, 2013, 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).
The Court further orders the United States Probation Office to prepare and disclose to the parties a pre-plea advisory guideline presentence investigation report.
© 1992-2012 VersusLaw ...