Opinion
CASE NO. 2:12-cr-453-AC-1
04-26-2013
UNITED STATES OF AMERICA, Plaintiff, v. EDWARD CASSAYRE, Defendant.
LINDA HARTER Chief Assistant Federal Defender Attorney for Defendant Edward Cassayre (per email request) BENJAMIN B. WAGNER UNITED STATES ATTORNEY SAMUEL WONG Assistant U.S. Attorney
BENJAMIN B. WAGNER
United States Attorney
SAMUEL WONG
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, California 95814
Telephone: (916) 554-2772
STIPULATION AND ORDER
CONTINUING STATUS CONFERENCE
DATE AND EXCLUDING TIME UNDER
THE SPEEDY TRIAL ACT
Court: Hon. Allison Claire
It is hereby stipulated and agreed by and between plaintiff United States of America, on the one hand, and defendant Edward Cassayre, on the other hand, through their respective attorneys, that:
(1) the presently set April 29, 2013, status conference shall be continued to June 3, 2013, at 9:00 a.m.; and (2) time from the date of the parties' stipulation, April 25, 2013, through, and including, June 3, 2013, 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
Codes T4 (reasonable time for defense counsel to prepare).
The parties stipulate and agree that the United States has produced discovery to defense counsel and defense counsel needs additional time to review the discovery, investigate the facts, conduct legal research regarding possible defenses, and confer with her client regarding these matters. The parties have discussed settlement of the case, however, more time is needed to reduce their settlement discussions into a revised formal written plea agreement and then explain the ramifications of the proposed plea agreement to defendant. The task of conferring with the client is made more difficult due to the fact defendant resides a substantial distance away from Sacramento where his counsel has her office.
Based on these facts, the parties stipulate and agree that the Court shall find: (1) the trial delay and exclusion of time requested herein is necessary to provide defense counsel reasonable time to prepare defendant's defense taking into account due diligence; and (2) the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and defendant in a speedy trial.
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LINDA HARTER
Chief Assistant Federal Defender
Attorney for Defendant
Edward Cassayre
(per email request)
BENJAMIN B. WAGNER
UNITED STATES ATTORNEY
By: _____________
SAMUEL WONG
Assistant U.S. Attorney
ORDER
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. Based on the stipulation of the parties and the recitation of facts contained therein, the Court 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 the requested continuance outweigh the best interests of the public and the defendant in a speedy trial.
The Court orders that the time from the date of the parties' stipulation, April 25, 2013, to and including the new June 3, 2013, status conference hearing date shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B) (iv), and Local Code T4 (reasonable time for defense counsel to prepare). It is further ordered that the presently set April 29, 2013, status conference shall be continued to June 3, 2013, at 9:00 a.m.
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United States Magistrate Judge