Opinion
No. CR-S-12-00303 GEB
02-19-2013
UNITED STATES OF AMERICA, Plaintiff, v. MORDECHAY ALTIT, Defendant.
JOSEPH SCHLESINGER Acting Federal Defender BENJAMIN GALLOWAY Assistant Federal Defender Attorney for Defendant MORDECHAY ALTIT BENJAMIN B. WAGNER United States Attorney LEE BICKLEY Assistant U.S. Attorney Attorney for Plaintiff
JOSEPH SCHLESINGER, Bar #87692
Acting Federal Defender
BENJAMIN D. GALLOWAY, Bar #214897
Assistant Federal Defender
Designated Counsel for Service
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: (916) 498-5700
Attorney for Defendant
MORDECHAY ALTIT
STIPULATION AND [PROPOSED] ORDER
CONTINUING STATUS CONFERENCE AND
EXCLUDING TIME
Date: March 22, 2013
Judge: Garland E. Burrell, Jr.
It is hereby stipulated and agreed to between the United States of America through LEE BICKLEY, Assistant U.S. Attorney, and defendant, MORDECHAY ALTIT, by and through his counsel, BENJAMIN GALLOWAY, Assistant Federal Defender, that the status conference set for Friday, February 22, 2013, be continued to Friday, March 22, 2013 at 9:00 a.m.
This continuance is requested to allow defense counsel additional time to prepare, to conduct ongoing investigation of the facts, and to work toward resolution of this case.
The parties stipulate that the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendant in a speedy trial.
Speedy trial time is to be excluded from the date of this order through the date of the status conference set for March 22, 2013, pursuant to 18 U.S.C. § 3161 (h)(7)(B)(iv) [reasonable time to prepare] (Local Code T4).
Respectfully submitted,
JOSEPH SCHLESINGER
Acting Federal Defender
____________________
BENJAMIN GALLOWAY
Assistant Federal Defender
Attorney for Defendant
MORDECHAY ALTIT
BENJAMIN B. WAGNER
United States Attorney
Benjamin Galloway for
LEE BICKLEY
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. The Court specifically finds that the failure to grant a continuance in this case would deny counsel 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 defendant in a speedy trial.
The Court orders that the February 22, 2013 status conference shall be continued until March 22, 2013 at 9:00 a.m., and that the time from the date of the parties stipulation, up to and including March 22, 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. § 3161(h)(7)(B)(iv) T4 (reasonable time for counsel to prepare).
______________________________
GARLAND E. BURRELL, JR.
Senior United States District Judge