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United States v. Summerfield

United States District Court, E.D. California

July 11, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
DANIEL ROBERT SUMMERFIELD, Defendant.

          HEATHER E. WILLIAMS Federal Defender BENJAMIN D. GALLOWAY Assistant Federal Defender Attorney for Defendant Daniel Robert Summerfield

         PAUL HEMESATH Assistant United States Attorney Attorney for Plaintiff

          STIPULATION AND ORDER FOR EXTENSION PURSUANT TO RULE 5.1(d) AND EXCLUSION OF TIME

          KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE

         Plaintiff United States of America, by and through its attorney of record, Assistant United States Attorney Paul A. Hemesath, and defendant DANIEL ROBERT SUMMERFIELD, individually and by and through his counsel of record, Benjamin D. Galloway, hereby stipulate as follows:

         1. A criminal complaint naming defendant was filed under seal in the District of Colorado under case number 17-mj-01023-NYW. Defendant was arrested on February 9, 2017. Defendant first appeared before a judicial officer of the Court in the Eastern District of California on February 10, 2017. At that time, the court ordered defendant to be detained and transported to the District of Colorado.

         2. On February 14, 2017, the government applied for and obtained (with stipulation from defense counsel) an order staying the transport order so that the parties could consider Rule 20 proceedings.

         3. On February 24, 2017, this Court ordered a delay of the preliminary hearing, with a time exclusion as further set forth in Docket Number 12. A status conference was set for March 3, 2017.

         4. On March 2, 2017, this Court ordered a further delay of the preliminary hearing, with a time exclusion as further set forth in Docket Number 15. A status conference was set for March 16, 2017.

         5. On March 16, 2017, this Court ordered another further delay of the preliminary hearing, with a time exclusion as further set forth in Docket Number 18. A status conference was set for April 5, 2017.

         6. On March 29, 2017, Summerfield filed a notice of consent to transfer a case for plea and sentence under Rule 20 (Docket Number 19).

         7. On March 4, 2017, this Court ordered another further delay of the preliminary hearing, with a time exclusion as further set forth in Docket Number 22. A status conference was set for April 27, 2017.

         8. Since then, this Court ordered three additional delays of the preliminary hearing, with time exclusions further set forth in Docket Numbers 24, 27 and 29. A status conference was most recently set for July 13, 2017.

         9. By this stipulation, the parties jointly move for an extension of time of any applicable time limits (including defendant's right to: a preliminary hearing within 14 days and prompt transport to the charging district), pursuant to Rules 5(c), 5.1(d) and 20 of the Federal Rules of Criminal Procedure, and 18 U.S.C. § 3161. The parties stipulate that the delay is required to allow reasonable time for the parties' consideration of their options under Rule 20, thus constituting good cause for such delay. The Assistant United States Attorney in the District of Colorado has been consulted, and she is open (without commitment) to considering the possibility of a Rule 20 disposition. The parties propose that the matter be set for a status conference before the duty magistrate court on July 20, 2017, at 2:00 p.m. The parties further agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

         10. The parties agree that good cause exists for the extension of time, and that the extension of time would not adversely affect the public ...


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