Opinion
MICHAEL CHASTAINE, THE CHASTAINE LAW OFFICE, Gold River, CA, Attorneys for Defendant, Frank Coon.
STIPULATION AND ORDER CONTINUING STATUS CONFERNCE
GARLAND E. BURRELL, Jr., Senior District Judge.
It is hereby stipulated between the parties, Matt Morris, Assistant United States Attorney, and Michael Chastaine, attorney for Frank Coon, that the status conference date of Friday June 5, 2015 should be continued until Friday July 31, 2015. The continuance is necessary as the expert that has been retained by the defense is completing his summary draft of his report and completing his analysis of the computers in questions. The process of reviewing the computer has taken longer than originally anticipated and is not yet complete. Counsel for Mr. Coon has been actively engaged in preparing for a jury trial that begins June 22, 2015 and is expected to last till mid-July. Counsel for Mr. Coon has had preliminary discussions with the expert regarding his findings and has requested that the expert review additional items and areas in order to have a more complete analysis and findings. Despite his best efforts this has not yet been completed. Counsel will then need to review the summary draft, make sure that he fully understands the findings and meet with Mr. Coon to explain said findings. Additional investigation may be necessary and Counsel will need time to determine the best course of action to proceed and present a defense for Mr. Coon.
The Government does not object to the requested continuance.
IT IS STIPULATED that the period of time from the Friday June 5, 2015 up to and including July 31, 2015 be excluded in computing the time within which the trial must commence under the Speedy Trial Act, pursuant to 18 U.S.C. §3161(h)(7) and Local Code T4, for ongoing preparation of counsel. It is further stipulated that the need for a continuance and continued counsel preparation outweighs the interests of the public and the defendant in a speedy trial.
ORDER
GOOD CAUSE APPEARING, in that it is the stipulation of the parties:
IT IS HEREBY ORDERED that the status conference scheduled for Friday, June 5, 2015 at 9:00 a.m. be continued to Friday, July 31, 2015 at 9:00 a.m. and that the period from June 5, 2015 to July 31, 2015 is excludable from calculation under the Speedy Trial Act pursuant to 18 U.S.C. §3161(h)(8)(A) and local rule T4. Further, that the need for a continuance and continued counsel preparation outweighs the interests of the public and the defendant in a speedy trial.