April 30, 2013
UNITED STATES OF AMERICA, Plaintiff,
JAMES CAPALBO, Defendant.
JOSEPH SCHLESINGER, Bar #87692, Acting Federal Defender, MATTHEW M. SCOBLE, Bar #237432, Designated Counsel for Service, Sacramento, California, Attorney for Defendant.
BENJAMIN WAGNER, United States Attorney, KYLE REARDON, Assistant U.S. Attorney, Attorney for Plaintiff.
STIPULATION AND [PROPOSED] ORDER; CONTINUING STATUS CONFERENCE AND EXCLUDING TIME
GARLAND E. BURRELL, Jr., Senior District Judge.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, KYLE REARDON, Assistant United States Attorney, attorney for Plaintiff, and MATTHEW SCOBLE, attorney for JAMES CAPALBO, that the status conference hearing date of May 3, 2013 be vacated, and the matter be set for status conference on June 28, 2013 at 9:00 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.
Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including June 28, 2013 pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the May 3, 2013, status conference hearing be continued to June 28, 2013, at 9:00 a.m. Based on the representation of defense counsel and good cause appearing there from, the Court hereby finds that the failure to grant a continuance in this case would deny defense 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 a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time up to and including the June 28, 2013 status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.