Opinion
HEATHER E. WILLIAMS, #122664 Federal Defender BENJAMIN D. GALLOWAY, #214897 Assistant Federal Defender Designated Counsel for Service Attorney for Defendant Keith Joseph Banning
BENJAMIN B. WAGNER United States Attorney Benjamin Galloway for MATTHEW G. MORRIS Assistant U.S. Attorney Attorney for Plaintiff
STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE/ SET CHANGE OF PLEA HEARING
Hon. John A. Mendez, United States District Court Judge
It is hereby stipulated and agreed to between the United States of America through MATTHEW G. MORRIS, Assistant U.S. Attorney, and defendant Keith Joseph Banning by and through his counsel, Benjamin Galloway, Assistant Federal Defender, that the status conference set for January 20, 2015 be continued to February 3, 2015 at 9:30 a.m. for change of plea.
The continuance is requested to allow time for preparation of a plea agreement. The additional time will also be used to review discovery with the defendant in preparation for a change of plea. The parties stipulate that the Court should find the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendants in a speedy trial. Speedy trial time is to be excluded from the date of this order through the date of the change of plea set for to February 3, 2015 pursuant to 18 U.S.C. § 3161 (h)(7)(A) and (B)(iv) [reasonable time to prepare] (Local Code T4).
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 defendants in a speedy trial.
The Court orders that the time from the date of the parties stipulation, January 16, 2015 up to and including February 3, 2015, 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)(A) and (B)(iv) T4 [reasonable time for counsel to prepare] (Local Code T4). It is further ordered that the January 20, 2015 status conference shall be continued until February 3, 2015, at 9:30 a.m.