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United States v. Webber

United States District Court, Ninth Circuit

January 9, 2014

United States of America, Plaintiff,
v.
Kevin Webber, Defendant.

JAN DAVID KAROWSKY, Attorney at Law, A Professional Corporation, Attorney for Defendant, Kevin Webber.

STIPULATION AND ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME

WILLIAM B. SHUBB, District Judge.

IT IS HEREBY STIPULATED AND AGREED between plaintiff, United States of America, and defendant Kevin Webber, through their respective attorneys, that the status conference scheduled for January 13, 2014 at 9:30 a.m. may be continued to March 10, 2014 at 9:30 a.m..

Counsel for defendant Webber is still in the continuing process of having Mr. Webber's mental health evaluated. I have obtained a psychological evaluation of Mr. Webber, who has been diagnosed as suffering from the developmental disorder of autism, which has never been diagnosed or treated previously. This psychological report has been provided to the prosecuting AUSA. Mr. Webber has now been evaluated at the Valley Mountain Regional Center in Stockton, to determine if he could benefit from programs they offer to people suffering from autism and he has been accepted by the Regional Center as a "client" and is waiting for "services" to begin. I believed the Regional Center would have already commenced the assistance to Mr. Webber, but it is taking much longer than had been expected. Both counsel for the government and for the defendant believe it would be extremely helpful in attempting to resolve the charges against Kevin Webber, to wait to determine what programs he would be eligible for at the Regional Center, prior to attempting to craft a disposition which counsel for Mr. Webber has been proposed as Pre-Trial Diversion. Furthermore, both counsel for the government and defense counsel have trial commencing respectively in January and February and need additional time to complete negotiations on the instant case.

In order to prepare effectively for a resolution of the charges against defendant Webber, the parties agree that time under the Speedy Trial Act should be excluded through March 10, 2014, pursuant to 18 U.S.C. ยง 3161(h)(7)(A) and that the ends of justice served by taking such action outweigh the best interests of the public and the defendants in a speedy trial.

IT IS SO STIPULATED.

ORDER

GOOD CAUSE APPEARING, based on the Stipulation of the parties, IT IS HEREBY ORDERED that the status conference is continued to March 10, 2014 at 9:30 a.m.. For the reasons recited above, the Court finds that the ends of justice to be served by a continuance outweigh the best interests of the public and the defendant in a speedy trial and therefore excludes time under the Speedy Trial Act through March 10, 2014.

IT IS SO ORDERED.


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