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United States v. Kirby

United States District Court, Ninth Circuit, California, E.D. California
Jan 16, 2015
2:14-CR-225 GEB (E.D. Cal. Jan. 16, 2015)

Opinion

          HEATHER E. WILLIAMS, #122664 Federal Defender Matthew M. Scoble, #237432 Assistant Federal Defender Attorney for Defendant Jordan Kirby

          BENJAMIN B. WAGNER United States Attorney Sherry Haus Assistant U.S. Attorney Attorney for Plaintiff


          STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE

          GARLAND E. BURRELL, JR., Senior United States District Judge

         IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Sherry Haus, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Matthew M. Scoble, attorney for Jordan Kirby, that the status conference scheduled for January 16, 2015 be vacated and be continued to February 27, 2015 at 9:00 a.m.

         Defense counsel requires additional time to review discovery with the defendant and pursue investigation, as well as continue negotiations toward a non-trial disposition.

         Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded from this order's date through and including February 27, 2015, pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv) [reasonable time to prepare] and General Order 479, Local Code T4 based upon continuity of counsel and defense preparation.

         ORDER

         IT IS HEREBY ORDERED, the Court, having received, read, and considered the parties' stipulation, and good cause appearing therefrom, adopts the parties' stipulation in its entirety as its order. The Court specifically finds 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 the ends of justice are served by granting the requested continuance and outweigh the best interests of the public and defendant in a speedy trial.

         The Court orders the time from the date the parties stipulated, up to and including February 27, 2015, 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)(iv) [reasonable time for counsel to prepare] and General Order 479, (Local Code T4). It is further ordered the January 16, 2015 status conference shall be continued until February 27, 2015, at 9:00 a.m.


Summaries of

United States v. Kirby

United States District Court, Ninth Circuit, California, E.D. California
Jan 16, 2015
2:14-CR-225 GEB (E.D. Cal. Jan. 16, 2015)
Case details for

United States v. Kirby

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. Jordan Kirby, Defendant.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Jan 16, 2015

Citations

2:14-CR-225 GEB (E.D. Cal. Jan. 16, 2015)