August 13, 2013
UNITED STATES OF AMERICA, Plaintiff,
KHAMLE KEOVILAY, et al., Defendants.
DENNIS S. WAKS, BAR #142581, Attorney at Law, Sacramento, California, Attorney for Defendant KHAMLE KEOVILAY.
ALICE W. WONG, Attorney for DAVID CHENG
MICHAEL B. BIGELOW, Attorney for MINH THAM
MICHAEL D. LONG, Attorney for DUNG NGUYEN
OLAF W. HEDBERG, Attorney for SANG HIN SAELEE
CHRISTOPHER H. WING, Attorney for LONG NGUYEN
KEN GIFFARD, Attorney for TUAN DAO
BENJAMIN B. WAGNER, United States Attorney
TODD D.LERAS, Assistant U.S. Attorney
STIPULATION AND ORDER
TROY L. NUNLEY, District Judge.
It is hereby stipulated and agreed to by the United States of America through TODD D. LERAS, Assistant United States Attorney, defendant, KHAMLE KEOVILAY, by and though his counsel, DENNIS S. WAKS, defendant, DAVID CHENG by and through his attorney, ALICE W. WONG, defendant MINGH THAM, by and through his attorney, MICHAEL B. BIGELOW, defendant DUNG NGUYEN, by and through his attorney, MICHAEL D. LONG, SANG HIN SAELEE, by and through his attorney, OLAF W. HEDBERG, defendant LONG NGUYEN, by and through his attorney, CHRISTOPHER H. WING, and defendant TUAN DAO, by and through his attorney, KEN GIFFARD, that the status conference set for Thursday, August 15, 2013, be continued to a status conference on Thursday, September 19, 2013, at 9:30 a.m.
This continuance is being requested because defense counsel needs additional time to prepare, to review discovery, and to interview witnesses. The parties have received a large amount of discovery, including Title III documents.
Furthermore, the parties stipulate and agree that the interest of justice served by granting this continuance outweighs the best interest of the public and the defendants in a speedy trial. (18 U.S.C. §3161(h)(7)(A)).
Speedy trial time is to be excluded from the date of this order through the date of the status conference set for September 19, 2013, pursuant to 18 U.S.C. § 3161 (h)(7)(B)(iv) [reasonable time to prepare] (Local Code T4).
Based on the stipulation of the parties and good cause appearing therefrom, 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 specifically finds that the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendants in a speedy trial. Based on these findings and pursuant to the stipulation of the parties, the Court hereby adopts the stipulation of the parties in its entirety as its order. Time is excluded from computation of time within which the trial of this matter must be commenced beginning from the date of the stipulation through and including September 19, 2013, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) [reasonable time for defense counsel to prepare] and Local Code T4. A new status conference date is hereby set for September 19, 2013, at 9:30 a.m..