Opinion
No. 2:11-CR-00514 TLN
04-03-2013
UNITED STATES OF AMERICA, Plaintiff, v. AHMED CHARTAEV KHADZHIMURAD BABATOV NICHOLAS VOTAW HAKOB SERGOYAN ANDREY KIM STANSLAV SARBER SERGEY SHCHIRSKY MAGOMED ABDUKHALIKOV ANTON TKACHEV Defendants.
U.S. ATTORNEY by: David D. Fischer for LEE BICKLEY Assistant U.S. Attorney Attorney for Plaintiff David D. Fischer for ROBERT M. WILSON Attorney for Defendant AHMED CHARTAEV David D. Fischer for JOHN DUREE, JR. Attorney for Defendant KHADZHIMURAD BABATOV DAVID D. FISCHER Attorney for Defendant NICHOLAS VOTAW David D. Fischer for ALAN EISNER Attorney for Defendant HAKOB SERGOYAN David D. Fischer for THOMAS A. JOHNSON Attorney for Defendant ANDREY KIM David D. Fischer for PETER KMETO Attorney for Defendant STANISLAV SARBER David D. Fischer for DANNY BRACE, JR. Attorney for Defendant SERGEY SHCHIRSKIY David D. Fischer for VICTOR HALTOM Attorney for Defendant MAGOMED ABDUKHALIKOV David D. Fischer for CHRIS HAYDN-MYER Attorney for Defendant ANTON TKACHEV
DAVID D. FISCHER (SBN 224900)
LAW OFFICES OF DAVID D. FISCHER, APC
1007 7th Street, Suite 100
Sacramento, CA. 95814
Tel. (916) 447-8600
Fax (916) 930-6482
E-Mail: davefischer@yahoo.com
Attorney for Defendant
NICHOLAS VOTAW
STIPULATION REGARDING
EXCLUDABLE TIME PERIODS UNDER
SPEEDY TRIAL ACT; [PROPOSED]
FINDINGS AND ORDER
STIPULATION
Plaintiff United States of America, by and through its counsel of record, and the defendants, by and through each counsel of record, hereby stipulate as follows:
1. By previous order, this matter was set for status on April 5, 2013, at 9:00 a.m.
2. By this stipulation, the defendants now move to continue the status conference until June 14, 2013, at 9:00 a.m., and to exclude time between April 5, 2013, and June 14, 2013, under Local Code T4. Plaintiff does not oppose this request.
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 approximately 4,483 pages of investigative reports and related documents in electronic form. All of this discovery has been either produced directly to counsel and/or made available for inspection and copying.
b. ROBERT WILSON was recently appointed to represent defendant AHMED CHARTAEV. Counsel for all of the defendants desires additional time to consult with their respective clients, to review the current charges, to conduct investigation and research related to the charges, to review and copy discovery for this matter, to discuss potential resolutions with their clients, to prepare pretrial motions, and to otherwise prepare for trial. This case involves several defendants with several witnesses.
c. Counsel for the defendants believe that failure to grant the above-requested continuance would deny them the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
d. The government does not object to the continuance.
e. 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 defendants in a trial within the original date prescribed by the Speedy Trial Act.
f. 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 April 5, 2013, to June 14, 2013, 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 defendants' 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 defendants 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.
U.S. ATTORNEY
by: David D. Fischer for
LEE BICKLEY
Assistant U.S. Attorney
Attorney for Plaintiff
David D. Fischer for
ROBERT M. WILSON
Attorney for Defendant
AHMED CHARTAEV
David D. Fischer for
JOHN DUREE, JR.
Attorney for Defendant
KHADZHIMURAD BABATOV
______________
DAVID D. FISCHER
Attorney for Defendant
NICHOLAS VOTAW
David D. Fischer for
ALAN EISNER
Attorney for Defendant
HAKOB SERGOYAN
Dated: April 2, 2013
David D. Fischer for
THOMAS A. JOHNSON
Attorney for Defendant
ANDREY KIM
David D. Fischer for
PETER KMETO
Attorney for Defendant
STANISLAV SARBER
David D. Fischer for
DANNY BRACE, JR.
Attorney for Defendant
SERGEY SHCHIRSKIY
David D. Fischer for
VICTOR HALTOM
Attorney for Defendant
MAGOMED ABDUKHALIKOV
David D. Fischer for
CHRIS HAYDN-MYER
Attorney for Defendant
ANTON TKACHEV
ORDER
IT IS SO FOUND AND ORDERED.
______________
GARLAND E. BURRELL, JR.
Senior United States District Judge