Opinion
NO. 2:12-CR-00254 MCE
01-08-2013
UNITED STATES OF AMERICA, Plaintiff, v. XZAVIAN L. BATTLE, Defendant.
DANIEL J. BRODERICK 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
DANIEL J. BRODERICK, Bar #89424
Federal Defender
MATTHEW C. BOCKMON, Bar # 161566
Assistant Federal Defender
Designated Counsel for Service
Attorney for Defendant
XZAVIAN L. BATTLE
STIPULATION AND ORDER TO CONTINUE
STATUS CONFERENCE AND TO EXCLUDE
TIME
Date: January 31, 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 3, 2013, be vacated and a new status conference hearing date of Thursday, January 31, 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, December 28, 2012, through and including January 31, 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,
DANIEL J. BRODERICK
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 January 8, 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, January 3, 2013, be vacated and that the case be set for Thursday, January 31, 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, December 28, 2012, through and including January 31, 2013, pursuant 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