DANIEL J. BRODERICK, Bar #89424 Federal Defender JEFFREY L. STANIELS, Bar #91413 Assistant Federal Defender 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorney for Defendant LONNELL McCARTER
CORRECTED STIPULATION AND [PROPOSED] ORDER CONTINUING
CASE Judge: Hon. William B. Shubb Date: December 3, 2012
Time: 9:30 a.m.
IT IS HEREBY STIPULATED by and between Assistant United States Attorney Michelle Prince, counsel for Plaintiff, and Assistant Federal Defender Jeffrey Staniels, counsel for defendant LONNELL McCARTER, that the status conference scheduled for December 3, 2012, be vacated and the matter continued at the request of the defense until January 22, 2013, for change of plea or for trial setting.
The reason for the continuance is to allow for completion of still-active negotiations regarding possible non-trial resolution of the case. Further trial specific investigation remains to be done in the event terms for non-trial resolution cannot be agreed to. In that regard counsel for the parties just came to the realization that current differences in proposed terms of non-trial resolution are affected in part by a mutual mistake in consequences of some of the currently proposed terms. The court has recently urged the parties to announce resolution or to set a trial date. The parties seek this additional continuance before doing so.
IT IS FURTHER STIPULATED that the interests of justice served by the granting of this continuance outweigh the interests of the defendant and the public in a speedy trial and that time for trial under the Speedy Trial Act should therefore be excluded between December 3, 2012, and January 22, 2013, pursuant to 18 U.S.C. § 3161(h)(7)(A) & (B)(iv), Local Code T-4 (time to prepare).
The above stipulation of the parties is accepted. The status conference set for December 3, 2012, is VACATED. This case is ordered to be re-calendared on January 22, 2012, for change of plea or for trial setting.
The court finds, based on the reasons stated above, that the interests of justice served by granting this continuance outweigh the interests of the defendant and the public in a speedy trial. The above captioned matter is ordered to be continued until January 22, 2013, at 9:00 a.m. on this court's regular criminal calendar. Time for trial under the speedy trial act, 18 U.S.C. § 3161 et. seq. is excluded from December 3, 2012 through January 22, 2013, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv), Local Code T-4.
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