HEATHER E. WILLIAMS, #122664, Federal Defender, MATTHEW C. BOCKMON, #161566, Assistant Federal Defender, Sacramento, CA, Attorney for Defendant, BOBBY JONES-HANLEY.
STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE DATE AND TO EXCLUDE TIME
LAWRENCE K. KARLTON, District Judge.
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows:
1. By previous order, this matter was set for status on November 19, 2013.
2. By this stipulation, defendant now moves to continue the status conference until November 26, 2013, and to exclude time between November 14, 2013, and November 26, 2013, under Local Code T4. Plaintiff does not oppose this request.
3. The parties agree and stipulate, and request that the Court find the following:
a) The government has represented that the discovery associated with this case includes approximately 175 pages of documents; two DVDs containing evidence photographs; one DVD containing audio/video recordings; and voluminous physical items seized from defendant. All of this discovery has either been produced directly to counsel or made available for inspection.
b) Counsel for defendant desires additional time to consult with his client, review and copy discovery for this matter, and discuss potential resolution with his client.
c) Counsel for defendant believes that failure to grant the above-requested continuance would deny him the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
d) The government does not object to the continuance.
e) Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.
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 November 14, 2013, to November 26, 2013, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) [Local Code T4] 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 ...