Opinion
2:16-cr-00119-JAM
03-30-2023
United States of America, Plaintiff, v. Brian Dempsey, Defendant
Phillip Talbert United States Attorney Heiko Coppola by Jan Karowsky with Mr. Coppola's permission Heiko Coppola Assistant U.S. Attorney by Jan David Karowsky JAN DAVID KAROWSKY Attorney at Law A Professional Corporation Jan Karowsky JAN DAVID KAROWSKY Attorney for Defendant Brian Dempsey, Sr.
Phillip Talbert United States Attorney Heiko Coppola by Jan Karowsky with Mr. Coppola's permission Heiko Coppola Assistant U.S. Attorney by Jan David Karowsky
JAN DAVID KAROWSKY Attorney at Law A Professional Corporation Jan Karowsky JAN DAVID KAROWSKY Attorney for Defendant Brian Dempsey, Sr.
STIPULATION AND ORDER TO CONTINUE THE STATUS CONFERENCE HEARING
THE HONORABLE JOHN A. MENDEZ SENIOR UNITED STATES DISTRICT JUDGE
IT IS HEREBY STIPULATED AND AGREED by and between the Government, through Assistant United States Attorney Heiko Coppola, and Defendant Brian Dempsey, Sr., through Jan Karowsky, his counsel, that the status hearing in this matter be CONTINUED from April 4, 2023 to April 25, 2023, at 09:00 a.m.
The parties have met and conferred on how they wish to proceed relative to resolving the case by way of a probable court trial. The prosecution has offered to allow counsel for Mr. Dempsey to review certain Jencks and other materials now in an effort possibly to submit the matter to the court on documents rather than witnesses, at a court trial. Counsel for Mr. Dempsey needs time to review the materials offered by the prosecution and then consult with Mr. Dempsey as to how he wishes to proceed.
The parties further agree and request that the Court order, for the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which the trial of this case must commence, that the time period between April 4, 2023, to and including April 25, 2023, be excluded pursuant to 18 U.S.C. § 3161 (h)(7)(B)(iv) and Local Code T-4, to give all counsel reasonable time to prepare. The parties stipulate and agree that the ends of justice served by granting this time exclusion would outweigh the best interest of the public and the defendant in a speedy trial.
IT IS SO STIPULATED.
IT IS SO ORDERED.