BENJAMIN B. WAGNER, United States Attorney, KYLE REARDON, Assistant U.S. Attorney, Sacramento, CA, Attorney for Plaintiff, United States of America.
RUSSELL MILLER, Attorney for the Defendant.
STIPULATION AND ORDER CONTINUING STATUS CONFERENCE FROM JANUARY 9, 2014, TO FEBRUARY 20, 2014
MORRISON C. ENGLAND, Jr., Chief 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 January 9, 2014.
2. By this stipulation, the parties now jointly move to continue the status conference until February 20, 2014, and to exclude time between January 9, 2014, and February 20, 2014, under Local Code T4.
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 material compiled as a result of the investigation of the defendant, and the search of his residence. Included with this discovery is a significant amount of computer evidence. In addition, this case is linked with a recent federal prosecution in Florida. As such, material from that case may be relevant and material to this prosecution. Discovery from this case as well as the Florida case is being compiled for production and will be either produced directly to counsel and/or made available for inspection and copying as soon as it is available. The requested continuance is needed in order to allow for defense review of this discovery, and any further investigation that may be required as a result of that review
b. 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.
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., the time period of January 9, 2014 to February 20, 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 ...