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United States v. Gillum

United States District Court, Ninth Circuit

January 9, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
MATTHEW GILLUM, Defendant.

THOMAS A. JOHNSON, SBN# 119203 Sacramento, CA. Attorney for Matthew Gillum.

STIPULATION AND ORDER

MORRISON C. ENGLAND, Jr., Chief District Judge.

Plaintiff, United States of America, by and through its counsel of record, and Defendant, Matthew Gillum, by and through his counsel of record, hereby stipulate as follows:

1. By previous order, this matter was set for Status Conference on January 9, 2014.
2. By this stipulation, Defendant now moves to continue the Status Conference to January 30, 2014, and to exclude time between January 9, 2014, and January 30, 2014, 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. Defendant's attorney needs more time to prepare which will include reviewing discovery, discussing that discovery with their respective clients, considering new evidence that may affect the disposition of this case, conducting necessary research and investigation and then discussing with their clients how to proceed.
b. Counsel for defendant believes that failure to grant the above-requested continuance would deny him/her the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
c. The government does not object to the continuance.
d. 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.
e. 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 January 9, 2014, to January 30, 2014, 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 the period within which a trial must commence.

IT IS SO STIPULATED.

ORDER

IT IS SO ORDERED.


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