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United States v. Connor

United States District Court, Ninth Circuit

October 11, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
CHARLES CONNOR AND STACEY MISTLER, Defendants.

LINDA M. PARISI, LAW OFFICES OF WING & PARISI, Sacramento, CA, Attorney for Charles Connor.

MATTHEW C. BOCKMON, Assistant Federal Defender, Attorney for Defendant STACEY MISTLER.

BENJAMIN B. WAGNER United States Attorney.

OLUSERE OLOWOYEYE, Assistant U.S. Attorney, Attorney for Plaintiff.

AMENDED STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER

TROY L. NUNLEY, District Judge.

Defendant Charles Connor, by and through Linda M. Parisi, his counsel of record, Defendant Stacey Mistler by and through her counsel of record, Matthew Bockmon, and plaintiff, by and through its counsel, Olusere Olowoyeye hereby stipulate as follows:

1. By previous order, this matter was set for status on October 17, 2013.

2. By this stipulation, the defendants now moves to continue the status conference until December 5, 2013, at 9:30 a.m. and to exclude time between October 17, 2013 and December 5, 2013 under Local Code T4. The United States does not oppose this request.

3. The parties agree and stipulate, and request that the Court find the following:

a. The United States has represented that the discovery associated with this case includes investigative reports and related documents.

b. Counsel for Mr. Connor and Ms. Mistler need additional time to consult, to review discovery, and to discuss potential resolutions, including setting the matter for trial.

c. Counsel for defendants Mr. Connor and Ms. Mistler believe that failure to grant the above-requested continuance would deny them the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

d. The United States Attorney agrees to the continuance.

e. All counsel agrees to the continuance.

f. For the purpose of computing time under the Speedy Trial Act, 18 U.S.C.§ 3161, et seq., within which trial must commence, the time period of October 17, 2013 to December 5, 2013, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) [Local CodeT4] because it results from a continuance granted by the Court at defendant's request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.

4. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.

ORDER

Based on the reasons set forth in the stipulation of the parties filed on October 10, 2013, and good cause appearing therefrom, the Court adopts the stipulation of the parties in its entirety. IT IS HEREBY ORDERED that the status conference currently set for October 17, 2013, be vacated and that a status conference be set for Thursday, December 5, 2013, at 9:30 a.m. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendants in a speedy trial. Accordingly, IT IS HEREBY ORDERED that, for the reasons stated in the parties' October 10, 2013 stipulation, the time within which the trial of this matter must be commenced under the Speedy Trial Act is excluded during the time period of October 17, 2013, through and including December 5, 2013, pursuant to 18 U.S.C. §3161(h)(7)(A) and (B)(iv) and Local Code T4.

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