IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 3, 2013
UNITED STATES OF AMERICA, PLAINTIFF,
AHMED CHARTAEV KHADZHIMURAD BABATOV NICHOLAS VOTAW HAKOB SERGOYAN ANDREY KIM STANSLAV SARBER SERGEY SHCHIRSKY MAGOMED ABDUKHALIKOV ANTON TKACHEV
The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge
STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER STIPULATION
Plaintiff United States of America, by and through its counsel of record, and the defendants, by and through each counsel of record, hereby stipulate as follows:
1. By previous order, this matter was set for status on April 5, 2013, at 9:00 a.m.
2. By this stipulation, the defendants now move to continue the status conference until June 14, 2013, at 9:00 a.m., and to exclude time between April 5, 2013, and June 14, 2013, under Local Code T4. Plaintiff 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 approximately 4,483 pages of investigative reports and related documents in electronic form. All of this discovery has been either produced directly to counsel and/or made available for inspection and copying.
b. ROBERT WILSON was recently appointed to represent defendant AHMED CHARTAEV. Counsel for all of the defendants desires additional time to consult with their respective clients, to review the current charges, to conduct investigation and research related to the charges, to review and copy discovery for this matter, to discuss potential resolutions with their clients, to prepare pretrial motions, and to otherwise prepare for trial. This case involves several defendants with several witnesses.
c. Counsel for the defendants believe that failure to grant the above-requested continuance would deny them 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-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendants 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 5, 2013, to June 14, 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 defendants' 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: April 2, 2013 U.S. ATTORNEY by: /s/ David D. Fischer for LEE BICKLEY Assistant U.S. Attorney Attorney for Plaintiff Dated: April 2, 2013 /s/ David D. Fischer for ROBERT M. WILSON Attorney for Defendant AHMED CHARTAEV Dated: April 2, 2013 /s/ David D. Fischer for JOHN DUREE, JR. Attorney for Defendant KHADZHIMURAD BABATOV Dated: April 2, 2013 /s/ David D. Fischer DAVID D. FISCHER Attorney for Defendant NICHOLAS VOTAW Dated: April 2, 2013 /s/ David D. Fischer for ALAN EISNER Attorney for Defendant HAKOB SERGOYAN Dated: April 2, 2013 /s/ David D. Fischer for THOMAS A. JOHNSON Attorney for Defendant ANDREY KIM Dated: April 2, 2013 /s/ David D. Fischer for PETER KMETO Attorney for Defendant STANISLAV SARBER Dated: April 2, 2013 /s/ David D. Fischer for DANNY BRACE, JR. Attorney for Defendant SERGEY SHCHIRSKIY Dated: April 2, 2013 /s/ David D. Fischer for VICTOR HALTOM Attorney for Defendant MAGOMED ABDUKHALIKOV Dated: April 2, 2013 /s/ David D. Fischer for CHRIS HAYDN-MYER Attorney for Defendant ANTON TKACHEV
IT IS SO FOUND AND ORDERED.
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