Opinion
Cr. No. S-12-226 JAM
03-04-2013
UNITED STATES OF AMERICA, Plaintiff, v. THEO ADAMS and RACHEL SIDERS, Defendants.
CHRISTOPHER HAYDN-MYER LAW OFFICES CHRISTOPHER HAYDN-MYER, CA. BAR # 176333 Attorney for Defendant THEO ADAMS BENJAMIN B. WAGNER United States Attorney R. STEVEN LAPHAM Assistant United States Attorney Attorney for Plaintiff United States LAW OFFICES OF CHRISTOPHER HAYDN-MYER EDUARDO G. ROY Attorney for Defendant Rachel Siders
CHRISTOPHER HAYDN-MYER LAW OFFICES
CHRISTOPHER HAYDN-MYER, CA. BAR # 176333
Attorney for Defendant
THEO ADAMS
STIPULATION AND
ORDER CONTINUING STATUS
CONFERENCE; FINDING OF
EXCLUDABLE TIME
Date: March 5, 2013
Judge: Hon. John A. Mendez
STIPULATION
Plaintiff, United States of America, through Assistant U.S. Attorney R. Steven Lapham; defendant Theo Adams, through counsel Christopher Haydn-Myer; and, defendant Rachel Siders, through counsel Eduardo G. Roy, hereby stipulate and agree as follows:
1. A status conference is currently set for March 5, 2013 at 9:45 a.m.
2. By this stipulation, the above-named defendants now move to continue the status conference to April 16, 2013 at 9:45 a.m., and to exclude time between March 5, 2013 and April 16, 2013 under Local Code T4. Plaintiff does not oppose this request.
3. The basis upon which the parties agree to this proposed continuance of the status conference is as follows:
a. The government has provided defense counsel with the discovery associated with this case, which includes voluminous records, including mortgage and bank records involving multiple transactions. All of this discovery has been either produced directly to counsel and/or made available for inspection and copying, and/or will be made available.
b. Since October 30, 2012, counsel for defendants have been reviewing these materials, discussing them with their clients, and assessing potential trial and sentencing issues.
c. Additionally, the government has provided proposed plea agreements to defense counsel, which defense counsel have been discussing with their clients and the government.
d. Defense counsel need additional time, taking into account the exercise of due diligence, to review the materials described above and to discuss them with their clients, and otherwise effectively prepare for the disposition of this case. Based on the Court's available calendars and the availability of defense counsel, the parties ask that the Court set this matter for a status conference on April 16, 2013, and that it find excludable time from March 5, 2013 to April 16, 2013 through and including the March 5, 2013 status conference. Because of the need for additional preparation outlined above, a denial of a continuance to April 16, 2013 would deny the parties the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
e. Based on the above-stated findings, the ends of justice served by continuing the case and excluding time as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.
f. For the purpose of computing time under the Speedy Trial Act, 16 U.S.C. § 3161, et seq., within which trial must commence, the time period from March 5, 2013 to April 16, 2013, 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 by the
Court at the defendants 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 defendants 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.
5. Finally, Christopher Haydn-Myer has been authorized by all counsel to sign this stipulation on their behalf.
IT IS SO STIPULATED.
BENJAMIN B. WAGNER
United States Attorney
_______________
R. STEVEN LAPHAM
Assistant United States Attorney
Attorney for Plaintiff United States
LAW OFFICES OF CHRISTOPHER HAYDN-MYER
_______________
CHRISTOPHER HAYDN-MYER
Attorney for Defendant Theo Adams
LAW OFFICES OF EDUARDO G. ROY
_______________
EDUARDO G. ROY
Attorney for Defendant Rachel Siders
ORDER
IT IS SO FOUND AND ORDERED this 4th day of March, 2013.
_______________
JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE