Opinion
CASE NO. 2:12-cr-00388-MCE
02-21-2013
UNITED STATES OF AMERICA, Plaintiff, v. DANIEL GHERASIM, Defendant.
WILLIAM J. PORTANOVA, State Bar No. 106193 Attorney at Law Attorney for Defendant Daniel Gherasim
WILLIAM J. PORTANOVA, State Bar No. 106193
Attorney at Law
Attorney for Defendant
Daniel Gherasim
STIPULATION REGARDING
EXCLUDABLE TIME PERIODS
UNDER SPEEDY TRIAL ACT;
FINDINGS AND ORDER
Judge: Honorable Morrison C. England
With the Court's permission, defendant Daniel Gherasim and plaintiff United States of America, by and through their undersigned attorneys, hereby stipulate as follows:
1. By previous order, this matter was set for status on February 21, 2013;IT IS SO STIPULATED:
2. By this stipulation, defendant now moves to continue the status conference until April 4, 2013 and to exclude time between February 21, 2013 and April 4, 2013 under local code T4. Plaintiff does not oppose this request.
3. The parties agree and stipulate that the Court find that counsel for the defendant requires additional time to review the current charges, to review the extensive discovery, to conduct investigation and research related to the
charges and to prepare to discuss the matter with his client.
4. The government does not object to the continuance.
5. 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 under the Speedy Trial Act.
6. For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. section 3161, et seq., within which the trial date must commence, the time period of February 21, 2013 to April 4, 2013, inclusive, is deemed excludable pursuant to 18 U.S.C. section 3161(h)(7)(A), B(iv) and 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.
7. 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.
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WILLIAM J. PORTANOVA
Attorney for Daniel Gherasim
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LEE BICKLEY
Assistant United States Attorney
ORDER
IT IS SO ORDERED.
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MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE