Opinion
2:11-CR-00517
03-27-2013
UNITED STATES OF AMERICA, Plaintiff, v. NICK DO, Defendant.
BENJAMIN WAGNER United States Attorney MATTHEW MORRIS Assistant United States Attorney ERIN J. RADEKIN Attorney for Defendant NICK DO
ERIN J. RADEKIN
Attorney at Law - SBN 214964
428 J Street, Suite 350
Sacramento, California 95814
Telephone: (916) 446-3331
Facsimile: (916) 447-2988
Attorney for Defendant
NICK DO
STIPULATION AND [PROPOSED] ORDER
TO CONTINUE STATUS CONFERENCE
STIPULATION
Plaintiff, United States of America, by and through its counsel, Assistant United States Attorney Matthew Morris, and defendant, Nick Do, by and through his counsel, Erin J. Radekin, agree and stipulate to vacate the date set for status conference, March 29, 2013 at 9:00 a.m., in the above-captioned matter, and to continue the status conference to April 19, 2013 2012 at 9:00 a.m. in the courtroom of the Honorable Garland E. Burrell.
The reason for this request is that the parties are still engaged in discussions regarding and preparation of a plea agreement. The Court is advised that Mr. Morris concurs with this request and has authorized Ms. Radekin to sign this stipulation on his behalf.
The parties further agree and stipulate that the time period from the filing of this stipulation until April 19, 2013 should be excluded in computing time for commencement of trial under the Speedy Trial Act, based upon the interest of justice under 18 U.S.C. § 3161(h)(7)(B)(iv), and Local Code T4, to allow continuity of counsel and to allow reasonable time necessary for effective defense preparation. It is further agreed and stipulated that the ends of justice served in granting the request outweigh the best interests of the public and the defendant in a speedy trial.
Accordingly, the parties respectfully request the Court adopt this proposed stipulation. IT IS SO STIPULATED
BENJAMIN WAGNER
United States Attorney
By: _______________
MATTHEW MORRIS
Assistant United States Attorney
_______________
ERIN J. RADEKIN
Attorney for Defendant
NICK DO
ORDER
For the reasons set forth in the accompanying stipulation and declaration of counsel, the status conference date of March 29, 2013 at 9:00 a.m. is VACATED and the above-captioned matter is set for status conference on April 19, 2013 at 9:00 a.m. The Court finds excludable time in this matter through April 19, 2013 under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4, to allow continuity of counsel and to allow reasonable time necessary for effective defense preparation. For the reasons stipulated by the parties, the Court finds that the interest of justice served by granting the request outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. §§ 3161(h)(7)(A), (h)(7)(B)(iv). IT IS SO ORDERED.
_______________
GARLAND E. BURRELL, JR.
Senior United States District Judge