Opinion
NO. Cr.S-13-043-MCE
04-04-2013
UNITED STATES OF AMERICA, Plaintiff, v. JAMES DEMOTTO JR., Defendant.
JOSEPH SCHLESINGER Acting Federal Public Defender MATTHEW SCOBLE Designated Counsel for Service Attorney for JAMES DEMOTTO JR. BENJAMIN WAGNER United States Attorney Matthew Scoble for KYLE REARDON Assistant U.S. Attorney Attorney for Plaintiff
JOSEPH SCHLESINGER, Bar #87692
Acting Federal Defender
MATTHEW M. SCOBLE, Bar #237432
Designated Counsel for Service
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: (916) 498-5700
Attorney for Defendant
JAMES DEMOTTO JR.
STIPULATION AND ORDER;
CONTINUING STATUS CONFERENCE
AND EXCLUDING TIME
Date: May 9, 2013
Judge: Hon. Morrison C. England Jr.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, KYLE REARDON, Assistant United States Attorney, attorney for Plaintiff, and MATTHEW SCOBLE, attorney for JAMES DEMOTTO JR., that the status conference hearing date of April 4, 2013 be vacated, and the matter be set for status conference on May 9, 2013 at 9:00 a.m.
The reason for this continuance is to allow defense counsel additional time to review discovery with the defendant, to examine possible defenses and to continue investigating the facts of the case.
Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including May 9, 2013 pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.
Respectfully submitted,
JOSEPH SCHLESINGER
Acting Federal Public Defender
_____________
MATTHEW SCOBLE
Designated Counsel for Service
Attorney for JAMES DEMOTTO JR.
BENJAMIN WAGNER
United States Attorney
Matthew Scoble for
KYLE REARDON
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the April 4, 2013, status conference hearing be continued to May 9, 2013, at 9:00 a.m. Based on the representation of defense counsel and good cause appearing there from, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel 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 a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time up to and including the May 9, 2013 status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act 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.
IT IS SO ORDERED.
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MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE