Opinion
No. 2:12-CR-00074 GEB
03-05-2013
UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL COLLINS, Defendant.
Respectfully submitted, MICHAEL E. HANSEN Attorney for Defendant MICHAEL COLLINS BENJAMIN B. WAGNER United States Attorney MATTHEW MORRIS Assistant U.S. Attorney Attorney for Plaintiff
Michael E. Hansen [SBN 191737]
Attorney-at-Law
711 Ninth Street, Suite 100
Sacramento, CA 95814
916.438.7711
FAX 916.864.1359
Attorney for Defendant
MICHAEL COLLINS
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE STATUS
CONFERENCE, AND TO EXCLUDE
TIME PURSUANT TO THE SPEEDY
TRIAL ACT
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Matthew Morris, Assistant United States Attorney, attorney for plaintiff, and Michael E. Hansen, attorney for defendant Michael Collins, that the previously-scheduled status conference date of March 8, 2013, be vacated and the matter set for status conference/change of plea on March 29, 2013, at 9:00 a.m.
This continuance is requested to allow counsel additional time to negotiate the terms of the proposed plea agreement with the defendant.
The Government concurs with this request.
Further, the parties agree and stipulate the ends of justice served by the granting of such a continuance outweigh the best interests of the public and the defendants in a speedy trial and that time within which the trial of this case must be commenced under the Speedy Trial Act should therefore be excluded under 18 U.S.C. section 3161(h)(7)(B)(iv), corresponding to Local Code T-4 (to allow defense counsel time to prepare), from the date of the parties' stipulation, March 5, 2013, to and including March 29, 2013.
Accordingly, the parties respectfully request the Court adopt this proposed stipulation.
IT IS SO STIPULATED.
Respectfully submitted,
________________________
MICHAEL E. HANSEN
Attorney for Defendant
MICHAEL COLLINS
BENJAMIN B. WAGNER
United States Attorney
By: ________________________
MATTHEW MORRIS
Assistant U.S. Attorney
Attorney for Plaintiff
[PROPOSED] 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 it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in 18 U.S.C. section 3161. In addition, the Court specifically finds that the failure to grant a continuance in this case would deny defense counsel to this stipulation 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 defendants in a speedy trial.
The Court orders that the time from the date of the parties' stipulation, March 5, 2013, to and including March 29, 2013, 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. section 3161(h)(7)(B)(iv), and Local Code T4 (reasonable time for defense counsel to prepare). It is further ordered that the March 8, 2013, status conference shall be continued until March 29, 2013, at 9:00 a.m.
IT IS SO ORDERED.
________________________
GARLAND E. BURRELL, JR.
Senior United States District Judge