IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
December 6, 2012
UNITED STATES OF AMERICA,
JOSEPH EDWIN GABLE, ET AL.,
The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER STIPULATION
Plaintiff United States of America, by and through its counsel of record, and defendants JOSEPH EDWIN GABLE, VINCENT GRAVES, HERMAN GRAVES, DAMONE KELLEY, and CATATEA JAMES, by and through their counsel of record, STEVEN CRAWFORD, JOHN GARLAND, DANIEL HARRALSON, CARL M. FALLER, and ANTHONY CAPOZZI,
respectively, hereby stipulate as follows:
1. By previous order, this matter was set for a status conference on Monday, December 10, 2012, at 1:00 p.m., in the absence of a stipulation setting the trial date.
2. By this stipulation, the parties now move to vacate the status conference date and set the following:
Filing of responses to motions in limine: 3/13/13
Hearing on in limine motions and trial confirmation: 3/18/13, 10 a.m. Jury trial: 4/2/13, 8:30 a.m.
3. The parties agree and stipulate, and request that the Court find the following:
a. Counsel for the parties agree that an April 2 trial date accommodates the schedules of all parties and provides sufficient time for trial preparation and further investigation.
b. Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.
c. For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of December 10, 2013, to April 2, 2013, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) because it results from a continuance granted by the Court at the parties' request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendants in a speedy trial.
4. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.
IT IS SO STIPULATED.
DATED: December 6, 2012. Respectfully submitted, BENJAMIN B. WAGNER United States Attorney /s/ Karen A. Escobar___________________ KAREN A. ESCOBAR Assistant United States Attorney DATED: December 6, 2012. /s/ Steven Crawford _____________ STEVEN CRAWFORD Counsel for Defendant Joseph Edwin Gable DATED: December 6, 2012. /s/ John Garland _____________ JOHN GARLAND Counsel for Defendant Vincent Graves DATED: December 6, 2012. /s/ Daniel Harralson _____________ DANIEL HARRALSON Counsel for Defendant Herman Graves DATED: December 6, 2012. /s/ Carl M. Faller _____________ CARL M. FALLER Counsel for Defendant Damone Kelley DATED: December 6, 2012. /s/ Anthony Capozzi _____________ ANTHONY CAPOZZI Counsel for Defendant Catatea James
IT IS SO ORDERED.
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