Opinion
AMENDED STIPULATION REGARDING CONTINUANCE OF STATUS CONFERENCE; FINDINGS AND ORDER
TROY L. NUNLEY, District Judge.
Defendant, JUSTIN CANNON, by and through his counsel of record, TONI WHITE, and the GOVERNMENT hereby stipulate as follows:
1. By previous order, this matter was set for status on March 12, 2015.
2. Defendant erroneously moved to continue the status conference to April 2, 2015, which is an unavailable date for the Court. Defendant files this Amended Stipulation to correct the error and request to continue the status conference to April 16, 2015 at 9:30 a.m. By this stipulation, defendant now moves to continue the status conference until April 16, 2015, and to exclude time between March 12, 2015 and April 16, 2015 under Local Code T4. The GOVERNMENT does not oppose this request.
3. The parties agree and stipulate, and request that the Court find the following:
a. The United States has represented that the discovery associated with this case to date, and provided to defense counsel, includes investigative reports and related documents in electronic form amounting to approximately 20 pages of documents. There is extensive physical evidence beyond the discovery reports. Defense counsel needs additional time to review the discovery and evidence, meet with Mr. Cannon and discuss the case further with the AUSA.
b. Counsel for defendant believes that failure to grant the above-requested continuance would deny her the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
c. The GOVERNMENT does not object to the continuance.
TONI H. WHITE, ATTORNEY AT LAW, Auburn, CA, Attorney for Defendant JUSTIN CANNON.
BENJAMIN B. WAGNER, United States Attorney, MATTHEW MORRIS, Assistant U.S. Attorney, for the United States.
d. The GOVERNMENT and counsel for the defendant are working toward resolution of the case.
g. Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.
g. For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of March 12, 2015 and April 16, 2015 inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) [Local Code T4] because it results from a continuance granted by the Court at defendant's request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.
4. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.
IT IS SO STIPULATED.
ORDER
IT IS SO FOUND AND ORDERED.