Opinion
William E. Bonham, Attorney At Law, Hotel de France Bldg. Old Sacramento, Sacramento, CA, Attorney for defendant, JOSEPH DAROSA.
STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE
JOHN A. MENDEZ, District Judge.
The defendant, JOSEPH DAROSA, by and through his undersigned counsel and the United States by and through its undersigned counsel, hereby agree and request that the status conference currently set for Tuesday, February 10, 2015 at 9:30 am be vacated and continued to Tuesday, April 28, 2015 at 9:15 am.
A continuance is necessary as counsel is preparing to begin an attempted murder jury trial in Sacramento County Superior Court on February 26, 2015 that is expected to last for two weeks. Further, counsel had to prepare for a 5 defendant jury trial for Assault with GBI set for January 23, 2015 that settled just before trial as well as carrying a heavy caseload in Federal Court. Counsel needs additional time to investigate and evaluate the case and commence negotiations with the U.S. attorney. Defendant is out of custody on a property bond posted by his family and is in agreement with this continuance.
The parties further stipulate that the failure to grant a continuance in this matter would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence; that the ends of justice served by granting this continuance outweigh the best interest of the public and the defendant in a speedy trial; and that time should be excluded from the computation of time within which trial must commence under the Speedy Trial Act from February 10, 2015, up to and including April 28, 2015, pursuant to 18 U.S.C. § 3161 (h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.
I, William E. Bonham, the filing party, have received authorization from AUSA Jill Thomas to sign and submit this stipulation and proposed order on her behalf.
Accordingly, the defense and the United States agree and stipulate that the status conference for defendant Joseph DaRosa should be continued until Tuesday, April 28, 2015 at 9:15 am.
ORDER
IT IS SO ORDERED. The status conference currently set for Tuesday, February 10, 2015 at 9:30 am is vacated and continued to Tuesday, April 28, 2015, at 9:15 am.
I find that the failure to grant such a continuance would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Accordingly, the time within which the trial of this case must be commenced under the Speedy Trial Act is excluded from February 10, 2015, up to and including the date of the new status conference, April 28, 2015, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T4. I specifically find that the ends of justice served by granting this continuance outweigh the best interest of the public and defendants in a speedy trial within the meaning of 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4.