Opinion
No. CR-S-12-00389 MCE
04-22-2013
UNITED STATES OF AMERICA, Plaintiff, v. MORDECHAY ALTIT, Defendant.
JOSEPH SCHLESINGER, Bar #87692 Acting Federal Defender BENJAMIN D. GALLOWAY, Bar #214897 Assistant Federal Defender Designated Counsel for Service Attorney for Defendant MORDECHAY ALTIT BENJAMIN B. WAGNER United States Attorney LEE SAARA 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
Attorney for Defendant
MORDECHAY ALTIT
STIPULATION AND ORDER TO CONTINUE
STATUS CONFERENCE AND EXCLUDE
TIME AS TO MORDECHAY ALTIT ONLY
Date: June 13, 2013
Judge: Morrison C. England, Jr.
It is hereby stipulated and agreed to between the United States of America through LEE SAARA 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 Thursday, May 2, 2013, be continued to Thursday, June 13, 2013 at 9:00 a.m. as to MORDECHAY ALTIT only.
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 June 13, 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
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BENJAMIN GALLOWAY
Assistant Federal Defender
Attorney for Defendant
MORDECHAY ALTIT
BENJAMIN B. WAGNER
United States Attorney
Benjamin Galloway for
LEE SAARA 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 May 2, 2013 status conference shall be continued until June 13, 2013 at 9:00 a.m. as to defendant MORDECHAY ALTIT, and that the time from the date of the parties stipulation, up to and including June 13, 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).
IT IS SO ORDERED.
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MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT