Opinion
Case No. 2:12-cr-00364 GEB
03-22-2013
UNITED STATES OF AMERICA, Plaintiff, v. SIMEON SHAWNISE GREGORY SARAH ELIZABETH TROUT TERRANCE RYCHAN SMALLS THERESA H. CAMPBELL Defendants.
BENJAMIN WAGNER United States Attorney JARED C. DOLAN Assistant U.S. Attorney Attorney for Plaintiff STEVEN B. PLESSER Attorney for Defendant TERRANCE R. SMALLS DAVID D. FISCHER Attorney for Defendant SARAH ELIZABETH TROUT JEFFREY L. STANIELS Attorney for Defendant SIMEON SHAWNISE GREGORY OLAF HEDBERG Attorney for Defendant THERESA H. CAMPBELL
STEVEN PLESSER, State Bar #161615
THE LAW OFFICES OF MARK J. REICHEL
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Attorney for Defendant
TERRANCE R. SMALLS
AMENDED STIPULATION TO
CONTINUE STATUS CONFERENCE
AND REGARDING EXCLUDABLE
TIME PERIODS UNDER SPEEDY
TRIAL ACT; [PROPOSED] ORDER
THEREON
STIPULATION
Plaintiff United States of America, by and through its counsel of record, and the defendants, by and through each counsel of record, hereby stipulate as follows: 1. By previous order, this matter was set for status conference on March 22, 2013. 2. By this stipulation, all defendants now move to continue the status conference until May 3, 2013, and to exclude time between March 22, 2013 and May 3, 2013 under Local Code T4. This Amended Stipulation is meant to supercede the previously submitted Stipulation and Proposed Order and is identical in all respects except insofar as it adds Defendant Theresa H. Campbell to the Stipulation and Proposed Order. Plaintiff is unopposed. 3. The parties agree and stipulate, and request that the Court find the following:
a. The government has discovered in excess of three thousand pages of discovery. Additional discovery has been requested and is forthcoming but has not yet been produced.
b. Counsel for the defendants desires additional time to consult with their respective clients, to review the current charges, to conduct investigation and research related to the charges, to review discovery, to discuss potential resolutions with their clients and the prosecution, to prepare pretrial motions, and to otherwise prepare for trial.
c. Counsel for the defendants believe that failure to grant the above-requested continuance would deny them the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
d. The government is unopposed to the continuance.
e. 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 defendants in a trial within the original date prescribed by the Speedy Trial Act.
f. All counsel and defendant agree that time under the Speedy Trial Act from the date this stipulation is lodged, through
May 3, 2013 should be excluded in computing the time within which trial must commence under the Speedy Trial Act, pursuant to Title 18 U.S.C. § 3161 (H)(7)(B)(iv) and Local Code T4.
g. 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.
BENJAMIN WAGNER
United States Attorney
STEVEN B. PLESSER for:
JARED C. DOLAN
Assistant U.S. Attorney
Attorney for Plaintiff
Respectfully submitted,
_____________
STEVEN B. PLESSER
Attorney for Defendant
TERRANCE R. SMALLS
Respectfully submitted,
STEVEN B. PLESSER
DAVID D. FISCHER
Attorney for Defendant
SARAH ELIZABETH TROUT
Respectfully submitted,
STEVEN B. PLESSER
JEFFREY L. STANIELS
Attorney for Defendant
SIMEON SHAWNISE GREGORY
Respectfully submitted,
STEVEN B. PLESSER
OLAF HEDBERG
Attorney for Defendant
THERESA H. CAMPBELL
ORDER
IT IS SO FOUND AND ORDERED.
_____________
GARLAND E. BURRELL, JR.
Senior United States District Judge