Opinion
No. 2:12-CR-00094 MCE
02-21-2013
UNITED STATES OF AMERICA, Plaintiff, v. JOHN D. LEITAKER, Defendant.
BENJAMIN B. WAGNER United States Attorney T. Zindel for M. Morris MATTHEW MORRIS Assistant U.S. Attorney JOSEPH SCHLESINGER Acting Federal Defender TIMOTHY ZINDEL Assistant Federal Defender Attorney for JOHN D. LEITAKER
JOSEPH SCHLESINGER, Bar #87692
Acting Federal Defender
TIMOTHY ZINDEL, Bar #158377
Assistant Federal Defender
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: (916) 498-5700
Attorney for Defendant
JOHN D. LEITAKER
STIPULATION AND ORDER TO
RESCHEDULE TRIAL AND TRIAL
CONFIRMATION HEARING AND
EXCLUDE TIME
Judge: Hon. Morrison C. England
IT IS HEREBY STIPULATED AND AGREED between plaintiff, United States of America, and defendant, John D. Leitaker, as follows:
1. The trial previously scheduled for April 29, 2013, may be continued to June 24, 2013, and the trial confirmation hearing of March 28, 2013, may be rescheduled for May 16, 2013, at 9:00 a.m.
2. A status conference may be scheduled for April 11, 2013.
At a hearing on January 24, the Court relieved retained counsel and substituted the Office of the Federal Defender to represent Mr. Leitaker. New counsel seeks additional time to review discovery, to investigate, and to prepare for trial. The government has advised new counsel that it will propose a resolution for the defense to consider with an expiration date of and April 11, 2013. The parties therefore ask the Court to schedule a status conference for April 11, 2013, at 9:00 a.m.
Finally, in order to assure adequate time for preparation by new counsel, the parties agree that the interests of justice to be served by a continuance outweigh the best interests of the public and the defendant in a speedy trial, so that time under the Speedy Trial Act should be ordered excluded through the trial date of June 24, 2013, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
T. Zindel for M. Morris
MATTHEW MORRIS
Assistant U.S. Attorney
JOSEPH SCHLESINGER
Acting Federal Defender
____________________________
TIMOTHY ZINDEL
Assistant Federal Defender
Attorney for JOHN D. LEITAKER
ORDER
Trial is rescheduled for June 24, 2013, at 9:00 a.m. Trial confirmation hearing is scheduled for May 16, 2013, at 9:00 a.m., and a status conference for April 11, 2013, at 9:00 a.m.
Based on the parties' stipulation, the Court finds that the ends of justice to be served by a continuance outweigh the best interests of the public and the defendant in a speedy trial.
IT IS SO ORDERED.
____________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE