Opinion
The Law Office of Olaf W. Hedberg Olaf W. Hedberg, State Bar #151082, Sacramento, California.
MICHAEL E. HANSEN, Attorney for Defendant, MAJOR NORTON.
V. Rooy Lefcourt, Attorney for Defendant, LAWRENCE NELSON.
OLAF HEDBERG, Attorney for Defendant, GAYLORD FRANKLIN.
CLYDE BLACKMON, Attorney for Defendant, MICHAEL LOTT.
KELLY BABINEAU, Attorney for Defendant, ERIC ROBINSON.
DAVID FISCHER, Attorney for Defendant, NARCO MCFARLAND.
ROBERT HOLLEY, Attorney for Defendant, DAMIAN PETERSON.
HAYES GABLE, Attorney for Defendant, CLIFFORD BULLOCK.
SCOTT CAMEON, Attorney for Defendant, LATROY CUNNINGHAM.
GILBERT ROQUE, Attorney for Defendant, DANTE BARABIAN.
CHRIS HAYDN-MYER, Attorney for Defendant. EILEEN KNIGHT.
RON PETERS, Attorney for Defendant, MIKEL BROWN.
BENJAMIN B. WAGNER, United States Attorney, JASON HITT, Assistant U.S. Attorney, Attorney for Plaintiff.
STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE, AND TO EXCLUDE TIME PURSUANT TO THE SPEEDY TRIAL ACT
MORRISON C. ENGLAND, Jr., District Judge.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Jason Hitt, Assistant United States Attorney, attorney for plaintiff; Michael Hansen, attorney for defendant Major Norton; V. Rooy Lefcourt, attorney for defendant Lawrence Nelson; Olaf Hedberg, attorney for defendant Gaylord Franklin; Clyde Blackmon, attorney for Michael Lott; David Fischer, attorney for Narco McFarland; Hayes Gable, attorney for Clifford bullock; Scott Cameron, attorney for Latroy Cunningham; Gilbert Roque, Attorney for Dante Barabian, Chris Haydn-Myer, Attorney for Eileen Knight; Ronald Peters, attorney for Mikel Brown; Kelly Babineau, attorney for defendant Eric Robinson; and Robert Holley, attorney for defendant Damian Peterson, that the previously-scheduled status conference date of April 11, 2013, be vacated and the matter set for status conference on May 30, 2013, at 9:00 a.m.
This case involves thousands of wiretap calls and voluminous discovery in the form of reports. As such, this continuance is requested to allow counsel additional time to review this discovery and review it with their clients, to examine possible defenses and to continue investigating the facts of the case. Also, a status conference is presently scheduled in related case number 2:11-CR-00190 MCE on May 30, 2013, at 9:00 a.m.
The Government concurs with this request.
Further, the parties agree and stipulate the ends of justice served by the granting of such a continuance outweigh the best interests of the public and the defendants in a speedy trial and that time within which the trial of this case must be commenced under the Speedy Trial Act should therefore be excluded under 18 U.S.C. section 3161(h)(7)(B)(iv), corresponding to Local Code T-4 (to allow defense counsel time to prepare), from the date of the parties' stipulation, April 9, 2013, to and including May 30, 2013.
Accordingly, the parties respectfully request the Court adopt this proposed stipulation.
IT IS SO STIPULATED.
ORDER
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing there from, adopts the stipulation of the parties in its entirety as its order. Based on the stipulation of the parties and the recitation of facts contained therein, the Court finds that it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in 18 U.S.C. section 3161. In addition, the Court specifically finds that the failure to grant a continuance in this case would deny defense counsel to this stipulation reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and the defendants in a speedy trial.
The Court orders that the time from the date of the parties' stipulation, April 9, 2013, to and including May 30, 2013, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. section 3161(h)(7)(B)(iv), and Local Code T4 (reasonable time for defense counsel to prepare). It is further ordered that the April 11, 2013, status conference shall be continued until May 30, 2013, at 9:00 a.m.
IT IS SO ORDERED.