Opinion
BENJAMIN B. WAGNER, United States Attorney, JUSTIN L. LEE, Assistant United States Attorney, Sacramento, CA, Attorneys for Plaintiff United States of America.
GARY A. TALESFORE, Counsel for Defendant Timothy Chacon.
STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; PROPOSED FINDINGS AND ORDER
GARLAND E. BURRELL, Jr., Senior District Judge.
STIPULATION
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows:
1. By previous order, this matter was set for status on February 20, 2015.
2. By this stipulation, defendant now moves to continue the status conference until March 6, 2015, and to exclude time between February 20, 2015, and March 6, 2015, under Local Code T4.
3. The parties agree and stipulate, and request that the Court find the following:
a) The government has represented that the discovery associated with this case includes 258 page of discovery. All of this discovery has been either produced directly to counsel and/or made available for inspection and copying.
b) In January 2015, the United States presented a formal offer to resolve the case.
c) In February 2015, defense counsel retained an investigator to conduct follow up investigation that bears on potential resolution of the case.
d) Counsel for defendant desires additional time to consult with his client, review the charges and discovery, conduct investigation and research related to the current charges, and to discuss options related to resolution and trial.
e) Counsel for defendant believes that failure to grant the above-requested continuance would deny him the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
f) The government does not object to the continuance.
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 February 20, 2015 to March 6, 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.
[PROPOSED] FINDINGS AND ORDER
IT IS SO FOUND AND ORDERED.