Opinion
BENJAMIN B. WAGNER, United States Attorney, JOSH F. SIGAL, Assistant United States Attorney, Sacramento, CA, Attorneys for Plaintiff United States of America.
OLAF HEDBERG, Counsel for Defendant Simone Aguilar.
STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER
JOHN A. MENDEZ, District Judge.
STIPULATION
1. By previous order, this matter was set for status on October 27, 2015.
2. By this stipulation, defendant now moves to continue the status conference until December 15, 2015 at 9:15 a.m, and to exclude time between October 27, 2015, and December 15, 2015 at 9:15 a.m, 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 more than 500 pages of discovery, including investigative reports and photographs. All of this discovery has been either produced directly to counsel and/or made available for inspection and copying.
b) Counsel for defendant desires additional time to conduct investigation and research into the charges, review discovery, consult with his client and discuss potential resolutions with his client. This research involves an investigation in the potential immigration consequences of any resolution, and a discussion of the client's immigration status with the client's immigration counsel.
c) Counsel for defendant believes that failure to grant the above-requested continuance would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
d) The government does not object to the continuance.
e) 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.
f) 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 October 27, 2015 to December 15, 2015 at 9:15 a.m, 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 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 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.
FINDINGS AND ORDER
IT IS SO FOUND AND ORDERED.