COURTNEY FEIN, #244785 Attorney at Law, LAW OFFICES OF COURTNEY FEIN, Sacramento, CA. Attorney for Defendant RICHARD PACLI
BENJAMIN WAGNER, United States Attorney.
SAMUEL WONG, Assistant United States Attorney, Attorney for Plaintiff.
WILLIAM B. SHUBB, District Judge.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, SAMUEL WONG, Assistant United States Attorney, attorney for Plaintiff, and COURTNEY FEIN, attorney for RICHARD PACLI, that the status conference of October 21, 2013 be vacated and the matter be set for status conference on January 6, 2014.
The reason for this continuance is to allow defense counsel additional time to conduct investigation as there is a newly appointed investigator on the case and witnesses who have relocated, to provide thorough advice regarding the potential consequences of a trial versus those associated with a plea of guilty, and to otherwise continue defense preparation in the event that the case proceeds to trial. Based upon the foregoing, the parties agree that: (1) the failure to grant the requested continuance would deny defense counsel reasonable time necessary to prepare defendant's defense, taking into account the exercise of due diligence; and (2) time within which the trial of this matter must be commenced under the Speedy Trial Act shall be excluded from the date of the parties' stipulation, October 17, 2013, through and including January 6, 2014, pursuant to 18 U.S.C. 3161(h)(7)(A) and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon the need for additional time for defense preparation.
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the October 21, 2013, status conference hearing be continued to January 6, 2014, at 9:30 a.m. Based on the representation of defense counsel 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 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 the time from the date of the parties' stipulation, October 17, 2013, up to and including the January 6, 2014, status conference shall be excluded from computation of time ...