IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 17, 2013
UNITED STATES OF AMERICA,
BRIAN LEE JONES,
The opinion of the court was delivered by: Judge: William B.
STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE AND ) EXLUDE TIME Date: February 25, 2013 Time: 9:30 a.m.
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 January 22, 2013 be continued to Monday, February 25, 2013 at 9:30 a.m.
The reason for this continuance is to allow defense counsel additional time to review discovery with the defendant, to examine possible defenses and to continue investigating the facts of 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 25, 2013, pursuant to 18 U.S.C. § 3161 (h)(7)(B)(iv) [reasonable time to prepare] (Local Code T4).
DATED: January 17, 2013 Respectfully submitted, JOSEPH SCHLESINGER Acting Federal Defender /s/ Benjamin Galloway BENJAMIN GALLOWAY Assistant Federal Defender Attorney for Defendant BRIAN LEE JONES DATED: January 17, 2013 BENJAMIN B. WAGNER United States Attorney /s/ Benjamin Galloway for JASON HITT 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 January 22, 2013 status conference shall be continued until February 25, 2013 at 9:30 a.m., and that the time from the date of the parties stipulation, up to and including February 25, 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).
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