May 29, 2013
UNITED STATES OF AMERICA, Plaintiff,
MICHAEL LOTT, et al. Defendants.
Michael E. Hansen, [SBN 191737] Attorney at Law, Sacramento, CA Attorney for Defendant MAJOR NORTON
CLYDE BLACKMON, Attorney for Defendant. MICHAEL LOTT
V. ROY LEFCOURT, Attorney for Defendant. LAWRENCE NELSON
OLAF HEDBERG, Attorney for Defendant. GAYLORD FRANKLIN
HAYES GABLE, III, Attorney for Defendant. CLIFFORD BULLOCK
DAVID FISCHER, Attorney for Defendant. NARCO McFARLAND
SCOTT CAMERON, Attorney for Defendant. LATROY CUNNINGHAM
KELLY BABINEAU, Attorney for Defendant. ERIC ROBINSON
GILBERT ROQUE, Attorney for Defendant. DANTE BARBARIN
CHRISTOPHER HAYDN-MYER, Attorney for Defendant. EILEEN KNIGHT
ROBERT HOLLEY, Attorney for Defendant. DAMIAN PETERSON
RONALD PETERS, Attorney for Defendant. MIKEL BROWN
BENJAMIN B. WAGNER, United States Attorney.
JASON HITT, Assistant U.S. Attorney. Attorney for Plaintiff
STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE, AND TO EXCLUDE TIME PURSUANT TO THE SPEEDY TRIAL ACT
MORRISON C. ENGLAND, Chief District Judge.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Jason Hitt, Assistant United States Attorney, attorney for plaintiff; Clyde Blackmon, attorney for defendant Michael Lott; Michael Hansen, attorney for defendant Major Norton; V. Roy Lefcourt, attorney for defendant Lawrence Nelson; Olaf Hedberg, attorney for defendant Gaylord Franklin; Hayes Gable, attorney for defendant Clifford Bullock; David Fischer, attorney for defendant Narco McFarland; Scott Cameron, attorney for defendant Latroy Cunningham; Kelly Babineau, attorney for defendant Eric Robinson; Gilbert Roque, attorney for defendant Dante Barbarin; Christopher Haydn-Myer, attorney for defendant Eileen Knight; Robert Holley, attorney for defendant Damian Peterson; and Ronald Peters, attorney for Mikel Brown, that the previously-scheduled status conference date of May 30, 2013, be vacated and the matter set for status conference on August 1, 2013, at 9:00 a.m.
This continuance is requested to allow counsel additional time to review discovery with the defendants, to examine possible defenses and to continue investigating the facts of the case. An additional 300 pages of discovery was recently received from the U.S. Attorney's office.
The Government concurs with this request.
Further, the parties agree and stipulate the ends of justice served by the granting of such a continuance outweigh the best interests of the public and the defendants in a speedy trial and that time within which the trial of this case must be commenced under the Speedy Trial Act should therefore be excluded under 18 U.S.C. section 3161(h)(7)(B)(iv), corresponding to Local Code T-4 (to allow defense counsel time to prepare), from the date of the parties' stipulation, May 28, 2013, to and including August 1, 2013.
Accordingly, the parties respectfully request the Court adopt this proposed stipulation.
IT IS SO STIPULATED.
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. Based on the stipulation of the parties and the recitation of facts contained therein, the Court finds that it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in 18 U.S.C. section 3161. In addition, the Court specifically finds that the failure to grant a continuance in this case would deny defense counsel to this stipulation 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 the defendants in a speedy trial.
The Court orders that the time from the date of the parties' stipulation, May 28, 2013, to and including August 1, 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. section 3161(h)(7)(B)(iv), and Local Code T4 (reasonable time for defense counsel to prepare). It is further ordered that the May 30, 2013, status conference shall be continued until August 1, 2013, at 9:00 a.m.
IT IS SO ORDERED.