UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 20, 2013
UNITED STATES OF AMERICA,
MICHAEL R. HALL,
The opinion of the court was delivered by: Allison Claire United States Magistrate Judge
STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT;[PROPOSED] ) FINDINGS AND ORDER
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through his/her counsel of record, hereby stipulate as follows:
1. This matter is set for a jury trial on April 8, 2013 at 9:00 am with a Trial Confirmation Hearing ("TCH") on March 25, 2013 at 2:00 pm.
2. By this stipulation, defendant now moves to continue the jury trial until April 22, 2013 at 9:00 am with a TCH on April 8, 2013 at 9:00 am and to exclude time between April 1, 2013 and April 22, 2013 under Local Code T4. The government does not oppose this request.
3. The parties agree and stipulate, and request that the Court find the following:
a. The government has represented that the discovery associated with this case includes significant volume of documentary discovery evidence from State and Federal law enforcement agencies. All of this discovery has been either produced directly to counsel and/or made available for inspection and copying.
b. Counsel for defendant desires additional time to consult with his/her client, to conduct additional investigation and research related to the charges, to discuss potential resolutions with his/her client, to consider pretrial motions, and to otherwise prepare for trial.
c. Counsel for defendant believes that failure to grant the above-requested continuance would deny him/her the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
d. The government does not object to the continuance.
e. Based on the above findings, the ends of justice served by continuing the case outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.
f. 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 April 1, 2013 to April 22, 2013, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) [Local Code T4] because it results from a continuance granted by the Court at defendant's 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 defendant 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.
DATED: March 20, 2013 BENJAMIN B. WAGNER United States Attorney By: /s/ Jeffrey A. Spivak JEFFREY A. SPIVAK Special Assistant U.S. Attorney DATED: March 20, 2013 JOSEPH SCHLESINGER Acting Federal Defender (as authorized by D. Kia on 3/15/2013) By: /s/ LINDA HARTER LINDA HARTER Attorney for Defendant
[P R O P O S E D] ORDER IT IS SO ORDERED:
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