Opinion
Case No. CR S 13-CR-00010-TLN
04-10-2013
UNITED STATES OF AMERICA, Plaintiff, v. JAMIE GENETTE HENRY, Defendant.
JENNIFER C. NOBLE WISEMAN LAW GROUP Attorney for Defendant JAMIE GENETTE HENRY Benjamin B. Wagner United States Attorney MATTHEW MORRIS Assistant U.S. Attorney
JENNIFER C. NOBLE, ESQ., CSBN 256952
WISEMAN LAW GROUP, P.C.
1477 Drew Avenue, Suite 106
Davis, California 95618
Telephone: 530.759.0700
Facsimile: 530.759.0800
Attorney for Defendant
JAMIE GENETTE HENRY
STIPULATION AND PROPOSED
ORDER TO CONTINUE STATUS
IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Matthew Morris, Assistant United States Attorney and Jennifer C. Noble, attorney for defendant Jamie Genette Henry, that the status conference presently set for April 11, 2013, before Judge England, be continued to May 23, 2013, at 9:30 a.m., before Judge Nunley, thus vacating the presently set status conference.
The parties need additional time to continue to negotiate a plea agreement. Therefore, counsel for the parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the defendants and the public in a speedy trial. 18 U.S.C. 3161(h)(7)(A) (continuity of counsel/ reasonable time for effective preparation) and Local Code T4, and agree to exclude time from the date of the filing of the order until the date of the status conference, May 23, 2013.
IT IS SO STIPULATED.
By: ____________
JENNIFER C. NOBLE
WISEMAN LAW GROUP
Attorney for Defendant
JAMIE GENETTE HENRY
Benjamin B. Wagner
United States Attorney
By:_____________________
MATTHEW MORRIS
Assistant U.S. Attorney
PROPOSED 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. Based on the stipulation of the parties and the recitation of facts contained therein, the Court finds that it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in 18 U.S.C. § 3161. In addition, the Court specifically finds that the failure to grant a continuance in this case would deny defense counsel to this stipulation 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 the defendants in a speedy trial.
The Court orders that the time from the date of the parties' stipulation, April 9, 2013, to and including May 23, 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)(A) and (B)(ii) and (iv), and Local Codes T4 (reasonable time for defense counsel to prepare). It is further ordered that the April 11, 2013, status conference, before Judge England, shall be vacated and a status conference shall be set for May 23, 2013, at 9:30 a.m.
IT IS SO ORDERED.
____________
Troy L. Nunley
Unites States District Court Judge