Opinion
Cr.S. 11-276-JAM
01-18-2013
UNITED STATES OF AMERICA, Plaintiff, v. YAN EBYAM, Defendant.
JOSEPH SCHLESINGER, Bart# 87692 Acting Federal Defender MATTHEW M. SCOBLE, Bart# 237432 Assistant Federal Defender Attorney for Defendant YAN EBYAM BENJAMIN B. WAGNER United States Attorney Matthew M. Scoble for SAMUEL WONG Assistant U.S. Attorney
JOSEPH SCHLESINGER, Bart# 87692
Acting Federal Defender
MATTHEW M. SCOBLE, Bart# 237432
Assistant Federal Defender
Attorney for Defendant
YAN EBYAM
STIPULATION AND ORDER
DATE: April 16, 2013
JUDGE: Hon. John A. Mendez
It is hereby stipulated and agreed to between the United States of America through, SAMUEL WONG, Assistant U.S. Attorney, defendant, YAN EBYAM by and through his counsel, MATTHEW M. SCOBLE, Assistant Federal Defender, that the status conference set for Tuesday, January 22, 2013, be continued to Tuesday, April 16, 2013, at 9:45 a.m.
This case involves approximately 2,000 pages of initial discovery, two search warrants, and four defendants. Additionally, defendant Yan Ebyam is named as a defendant in two indictments pending before this Court, Case Nos. 2:11-CR-275 JAM and 2:11-CR-276 JAM, which make preparation for his defense even more difficult and time consuming. The reason for this continuance is to allow defense counsel additional time to review discovery with the defendants, to examine possible defenses, and to continue investigating the facts of the case.
The parties agree that the requested continuance is necessary to provide defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The parties agree that the ends of justice to be served by a continuance outweigh the best interests of the public and the defendants in a speedy trial, and they ask the Court to exclude time within which the trial of this matter must be commenced under the Speedy Trial Act from the date of this stipulation, January 18, 2013, through April 16, 2013, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T4, pertaining to reasonable time for defense preparation.
Respectfully submitted,
JOSEPH SCHLESINGER
Acting Federal Defender
______________________
MATTHEW M. SCOBLE
Assistant Federal Defender
Attorney for YAN EBYAM
BENJAMIN B. WAGNER
United States Attorney
Matthew M. Scoble for
SAMUEL WONG
Assistant U.S. Attorney
ORDER
The Court having received, read, and considered the stipulation of the parties and good cause appearing therefrom, the Court adopts the parties' stipulation as its order in its entirety. It is ordered that the status conference presently set for January 22, 2013, be continued to April 16, 2013, at 9:45 a.m. The Court hereby finds that the requested continuance is necessary to provide defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendants in a speedy trial.
It is ordered that time from the date of the parties' stipulation, January 18, 2013, up to and including, the April 16, 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 T4 (allow defense counsel reasonable time to prepare).
IT IS SO ORDERED.
______________________
HON. JOHN A. MENDEZ
United States District Court Judge