Opinion
HEATHER E. WILLIAMS, Bar #122664, Federal Defender, RACHELLE BARBOUR, Bar #185395, Research and Writing Attorney Attorney for Defendant, MICHAEL GIBSON.
BENJAMIN WAGNER, United States Attorney, KYLE REARDON, Assistant U.S. Attorney, Attorney for Plaintiff.
STIPULATION AND ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME
JOHN A. MENDEZ, District Judge.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, KYLE REARDON, Assistant United States Attorney, attorney for Plaintiff, and RACHELLE BARBOUR, Staff Attorney, attorney for Defendant, MICHAEL GIBSON, that the status conference set for Tuesday, June 25, 2013 be continued to Tuesday, August 13, 2013 at 9:45 a.m.
The reason for this continuance is to allow defense counsel time to review the evidence in this case and discuss it with the government and Mr. Gibson. The government has indicated that it is continuing to review the computer evidence in this case and intends to provide supplemental discovery to the defense. Further, the defense is investigating mitigating evidence in this case. The parties stipulate that the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendant in a speedy trial.
Speedy trial time is to be excluded from the date of this order through the date of the status conference set for August 13, 2013, pursuant to 18 U.S.C. § 3161 (h)(7)(B)(iv) [reasonable time to prepare] (Local Code T4).
ORDER
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. The Court specifically finds that the failure to grant a continuance in this case would deny 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 the requested continuance outweigh the best interests of the public and defendant in a speedy trial.
The Court orders that the time from the date of the parties stipulation, up to and including August 13, 2013, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) T4 (reasonable time for counsel to prepare). It is further ordered that the June 25, 2013 status conference shall be continued until August 13, 2013, at 9:45 a.m.