Opinion
BENJAMIN B. WAGNER, United States Attorney, ANGELA L. SCOTT, Assistant United States Attorney, Fresno, CA, Attorneys for Plaintiff United States of America.
JARED THOMPSON, Counsel for Defendant, August Dominic Davison.
STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER
JENNIFER L. THURSTON, Magistrate 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 September 8, 2015 at 2:30 p.m., and time was excluded pursuant to the Speedy Trial Act from July 17, 2015, through September 8, 2015.
2. By this stipulation, defendant now moves to continue the status conference until November 17, 2015, at 2:30 p.m. and to exclude time between September 8, 2015, and November 17, 2015, under the Speedy Trial Act, 18 U.S.C.§ 3161(h)(7)(A), B(iv) [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 hundreds of pages of reports and pleadings, thousands of photographs, numerous videos and several audio recordings. All of this discovery has been either produced directly to counsel and/or made available for inspection and copying.
b) Counsel for defendant desires additional time to review the current charges, to review the discovery, to conduct research and investigation related to the charges and potential pretrial motions, and to consult with his client.
c) Counsel for defendant believes that failure to grant the above-requested continuance would deny him/her 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 defendant 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 September 8, 2015 to November 17, 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
Pursuant to the parties' stipulation and good cause shown, IT IS HEREBY ORDERED that the status conference, currently set for September 8, 2015, is hereby vacated and continued to November 17, 2015, at 2:30 p.m. It is further ORDERED that based upon the need of defense counsel to prepare and review discovery, good cause exists and the interests of the defendant and the public in a speedy trial are outweighed. Thus, the Court ORDERS the time period between September 8, 2015, and November 17, 2015, to be excluded from the calculation under the Speedy Trial Act pursuant to Local Codes T4.
IT IS SO ORDERED.