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United States v. Latt

United States District Court, Ninth Circuit

May 15, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
DAVID HAROLD LATT, JR., Defendant.

HEATHER E. WILLIAMS, Federal Defender ANGELES ZARAGOZA, Assistant Federal Defender, Designated Counsel for Service Sacramento, California, Attorney for Defendant DAVID HAROLD LATT, JR.

BENJAMIN WAGNER, United States Attorney, Angeles Zaragoza for JARED DOLAN, Assistant U.S. Attorney, Attorney for Plaintiff.

STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME

TROY L. NUNLEY, District Judge.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, JARED DOLAN, Assistant United States Attorney, attorney for Plaintiff, and ANGELES ZARAGOZA Assistant Federal Defender attorney for Defendant, DAVID HAROLD LATT, JR., that the status conference set for Thursday, May 16, 2013 be continued to Thursday, June 6, 2013 at 9:30 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 further investigating the facts of the case.

The parties stipulate that the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendant in a speedy trial.

Speedy trial time is to be excluded from the date of this order through the date of the status conference set for June 6, 2013, pursuant to 18 U.S.C. § 3161 (h)(7)(B)(iv) [reasonable time to prepare] (Local Code T4).

ORDER

The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. The Court specifically finds that the failure to grant a continuance in this case would deny 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 the requested continuance outweigh the best interests of the public and defendant in a speedy trial.

The Court orders that the time from the date of the parties stipulation, up to and including June 6, 2013, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) T4 (reasonable time for counsel to prepare). It is further ordered that the May 16, 2013 status conference shall be continued until June 6, 2013, at 9:30 a.m.


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