Opinion
NO. CR-S-12-254 MCE
05-01-2013
UNITED STATES OF AMERICA, Plaintiff, v. XZAVIAN L. BATTLE, Defendant.
JOSEPH SCHLESINGER Acting Federal Defender MATTHEW C. BOCKMON Assistant Federal Defender Attorney for Defendant XZAVIAN L. BATTLE BENJAMIN B. WAGNER United States Attorney Matthew C. Bockmon for MATTHEW MORRIS Assistant U.S. Attorney Attorney for Plaintiff
JOSEPH SCHLESINGER, Bar #87692
Acting Federal Defender
MATTHEW C. BOCKMON, Bar # 161566
Assistant Federal Defender
Designated Counsel for Service
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: (916) 498-5700
Attorney for Defendant
XZAVIAN L. BATTLE
STIPULATION AND ORDER TO CONTINUE
STATUS CONFERENCE AND TO EXCLUDE
TIME
Date: May 16, 2013
Judge: Morrison C. England, Jr.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Matthew Morris, Assistant United States Attorney, attorney for Plaintiff, and Matthew C. Bockmon, Assistant Federal Defender, attorney for Defendant, XZAVIAN L. BATTLE, that the status conference hearing date of Thursday, May 2, 2013, be vacated and a new status conference hearing date of Thursday, May 16, 2013, at 9:00 a.m., be set.
The reason for this continuance is because defense counsel needs additional time to finalize the plea agreement.
It is further stipulated that the time for trial under the Speedy Trial Act should be excluded from the date of this stipulation, April 30, 2013, through and including May 16, 2013, pursuant to 18 U.S.C. §3161(h)(7)(A)&(B)(iv) and Local Code T4, and that the ends of justice to be served by granting the continuance outweigh the best interest of the public and the defendant to a speedy trial.
Respectfully submitted,
JOSEPH SCHLESINGER
Acting Federal Defender
_________________
MATTHEW C. BOCKMON
Assistant Federal Defender
Attorney for Defendant
XZAVIAN L. BATTLE
BENJAMIN B. WAGNER
United States Attorney
Matthew C. Bockmon for
MATTHEW MORRIS
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
Based on the reasons set forth in the stipulation of the parties filed on May 1, 2013, and good cause appearing therefrom, the Court adopts the stipulation of the parties in its entirety. IT IS HEREBY ORDERED that the status conference currently scheduled for Thursday, May 2, 2013, be vacated and that the case be set for Thursday, May 16, 2013, at 9:00 a.m. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. Accordingly, IT IS HEREBY ORDERED that the time within which the trial of this matter must be commenced under the Speedy Trial Act is excluded during the time period from the date of this stipulation, April 30, 2013, through and including May 16, 2013, pursuant to 18 U.S.C. §3161(h)(7)(A)&(B)(iv) and Local Code T4.
IT IS SO ORDERED.
_________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT