Opinion
No. 2:12-cr-00261-MCE
01-15-2013
UNITED STATES OF AMERICA, Plaintiff, v. BRETT BLAISURE, Defendant.
DANIEL J. BRODERICK, Bar #89424 Federal Defender COURTNEY FEIN, Bar #244785 Designated Counsel for Service Attorney for Defendant BRETT BLAISURE PAUL HEMESATH Assistant U.S. Attorney Attorney for Plaintiff
DANIEL J. BRODERICK, Bar #89424
Federal Defender
COURTNEY FEIN, Bar #244785
Designated Counsel for Service
Attorney for Defendant
BRETT BLAISURE
STIPULATION AND ORDER;
CONTINUING STATUS
CONFERENCE AND EXCLUDING
TIME
Date: March 28, 2013
Judge: Hon. Morrison C. England, Jr.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, PAUL HEMESATH Assistant United States Attorney, attorney for Plaintiff, and COURTNEY FEIN Assistant Federal Defender for BRETT BLAISURE, that the status conference hearing date of January 24, 2013 be vacated, and the matter be set for status conference on March 28, 2013 at 9:00 a.m.
The reason for this continuance is that a records request submitted to a state agency for records that will assist counsel in representing Mr. Blaisure remains pending. Time will be required to receive and review the records, and to have further discussions with the government regarding the case.
Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including March 28, 2013, pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Public Defender
______________________
COURTNEY FEIN
Assistant Federal Defender
Designated Counsel for Service
Attorney for BRETT BLAISURE
BENJAMIN WAGNER
United States Attorney
______________________
PAUL HEMESATH
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the January 24, 2013, status conference hearing be continued to March 28, 2013, at 9:00 a.m. Based on the representation of defense counsel and good cause appearing therefrom, the Court hereby finds that the failure to grant a continuance in this case would deny defense 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 a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time up to and including the March 28, 2013 status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.
______________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE