STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE FROM APRIL 5, 2013, TO APRIL 19, 2013 STIPULATION
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows:
1. By previous order, this matter was set for status on April 5, 2013.
2. By this stipulation, the parties now move to continue the status conference until April 19, 2013, and to exclude time between April 5, 2013, and April 19, 2013, under Local Code T4.
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 several hundred pages of discovery. Included with this discovery is a significant amount of computer evidence. All of this discovery has been either produced directly to counsel and/or made available for inspection. Defense Counsel has coordinated with investigators and plans to view some of the discovery on April 12, 2013.
b. Counsel for defendant believes that failure to grant the above-requested continuance would deny him the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
c. The government does not object to the continuance.
d. 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 defendant in a trial within the original date prescribed by the Speedy Trial Act.
e. For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., the time period of April 5, 2013 to April 19, 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: April 3, 2013 By: Respectfully Submitted, BENJAMIN B. WAGNER United States Attorney /s/ Kyle Reardon KYLE REARDON Assistant U.S. Attorney Dated: April 3, 2013 /s/ Kyle Reardon forADAM WEINER Attorney for the Defendant
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA, Plaintiff, v. TYLER ...