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United States of America v. Deverick Deshawn Mathis

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA


April 10, 2013

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DEVERICK DESHAWN MATHIS, ET AL., DEFENDANT.

The opinion of the court was delivered by: Dolly M. Gee United States District Judge

ORDER AND FINDINGS OF FACT RE: EXCLUDABLE TIME [215] THE COURT MAKES THE FOLLOWING FINDINGS OF FACT:

1. Findings of "excludable time" pursuant to the Speedy Trial Act have previously been made through January 31, 2013. On January 31, 2013, the Court conducted a status conference with each defendant in the above-captioned case present. Each of the parties requested a further status conference of August 8, 2013 and a jury trial date of September 10, 2013. The Court confirmed this fact by having each defendant personally state that the September 10, 2013 trial date was his or her request.

2. Therefore, and pursuant to the stipulation of the parties, the Court finds that the period of time from January 31, 2013 through September 10, 2013 is a period of excludable delay because it is a period of delay requested by defendants and counsel for the government "on the basis. . . that the ends of justice served by taking such action outweigh the best interest of the defendants and the public in a speedy trial" within the meaning of 18 U.S.C. § 3161(h)(7)(A). Specifically, the court finds, pursuant to 18 U.S.C. § 3161(h)(7)(B)(ii), that the case is sufficiently complex due to the number of defendants, the discovery materials provided, and the nature of the prosecution "that it is unreasonable to expect adequate preparation for pretrial proceedings or for the trial itself within the time limits" established by the Speedy Trial Act. The court further finds, pursuant to 18 U.S.C. § 3161(h)(7)(B)(i), that a failure to grant such a continuance, as requested by each counsel, would result in a miscarriage of justice in as much as counsel for each defendant has indicated that they are insufficiently prepared for trial.

The Court confirms the previously set status conference of August 8, 2013 at 10:00 a.m. and jury trial date of September 10, 2013 at 8:30 a.m.

IT IS SO ORDERED.

20130410

© 1992-2013 VersusLaw Inc.



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