Opinion
Case No. 2:12-cr-0254-MCE
02-01-2013
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 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: February 28, 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, January 31, 2013, be vacated and a new status conference hearing date of Thursday, February 28, 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, January 29, 2013, through and including February 28, 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 MORRIS
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
Based on the reasons set forth in the stipula tion of the parties filed on January 29, 2013, and good cause appearing therefrom, the Court adopts the stipul ation of the parties in its entirety. IT IS HEREBY ORDERED that the status conference currently scheduled for Thursday, January 31, 2013, be vacated and that the status conference be set for Thursday, February 28, 2013, at 9:00 a.m. The Court finds that the ends of justice to be served by granting a continua nce 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, January 29, 2013, through and including February 28, 2013, pursua nt to 18 U.S.C. §3161(h)(7)(A)&(B)(iv) and Local Code T4.
____________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE