The opinion of the court was delivered by: Judge: Hon. Sheila K. Oberto
STIPULATION TO CONTINUE STATUS CONFERENCE AND ORDER THEREON
Date: February 19, 2013 Time: 1:00
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, DAVID L GAPPA, Assistant United States Attorney, counsel for plaintiff, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for defendant Aaron Lewis Gaudinier, that the date for status conference in this matter may be continued to February 19, 2013, or the soonest date thereafter that is convenient to the court. The date currently set for status conference is December 17, 2012. The requested new date is February 19, 2013.
The defendant is charged with the possession of illegal images and videos that were located on a computer hard drive. The defense has retained an expert to conduct a forensic examination of the hard drive at issue; however, given the holidays and prior commitments of the expert it will not be possible for the examination to be completed before early February 2013. This continuance is requested to allow time for completion of the forensic evaluation and discussion of the results with the defendant prior to the next status conference. The government does not object to this defense request for a continuance.
The parties agree that the delay resulting from the continuance shall be excluded as necessary for effective defense preparation pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv). For this reason, the ends of justice served by the granting of the requested continuance outweigh the interests of the public and the defendant in a speedy trial.
BENJAMIN B. WAGNER United States Attorney DATED: December 12, 2012 By /s/ David L. Gappa DAVID L GAPPA Assistant United States Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Defender DATED: December 12, 2012 By /s/ Eric V. Kersten ERIC V. KERSTEN Assistant Federal Defender Attorneys for Defendant Aaron Lewis Gaudinier
The date for status conference in this matter shall be continued from December 17, 2012, to February 19, 2013. The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv).
The parties shall be prepared to select a mutually acceptable trial date at the February 19, 2013, status conference.
Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE
Gaudinier: Stipulation to Continue Status Conference and Order Thereon
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