IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 8, 2013
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge
STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE AND ) REQUEST PRE-PLEA PSR; EXLUDE TIME Date: December 14, 2012 Time: 9:00 a.m. Judge: Garland E. Burrell, Jr.
It is hereby stipulated and agreed to between the United States of America through LEE SAARA BICKLEY, Assistant U.S. Attorney, and defendant, MORDECHAY ALTIT, by and through his counsel, BENJAMIN GALLOWAY, Assistant Federal Defender, that the status conference set for Friday, December 14, 2012, be continued to Friday, February 22, 2013 at 9:00 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 it on the parties prior to the next hearing date. Specifically, the parties have agreed that a pre-plea advisory guideline presentence investigation report would aid the parties toward resolving the 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 February 22, 2013, pursuant to 18 U.S.C. § 3161 (h)(7)(B)(iv) [reasonable time to prepare] (Local Code T4).
DATED: December 12, 2012 Respectfully submitted, DANIEL J. BRODERICK Federal Defender /s/ Benjamin Galloway BENJAMIN GALLOWAY Assistant Federal Defender Attorney for Defendant MORDECHAY ALTIT DATED: December 12, 2012 BENJAMIN B. WAGNER United States Attorney /s/ Benjamin Galloway for LEE SAARA BICKLEY 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 December 14, 2012 status conference shall be continued until February 22, 2013 at 9:00 a.m., and that the time from the date of the parties stipulation, December 12, 2012, up to and including February 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.
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