Opinion
Cr.S. 11-056-LKK
04-09-2013
UNITED STATES OF AMERICA, Plaintiff, v. ALEX LIAO, et al., Defendants.
JOSEPH SCHLESINGER Acting Federal Defender MATTHEW M. SCOBLE Assistant Federal Defender Attorney for Defendant ALEX LIAO Matthew M. Scoble, for MICHAEL E. HANSEN Attorney for Defendant BINH THU LAM BENJAMIN B. WAGNER United States Attorney Matthew M. Scoble for TODD LERAS Assistant U.S. Attorney Attorney for Plaintiff
JOSEPH SCHLESINGER, Bar# 87692
Acting Federal Defender
MATTHEW M. SCOBLE, Bar# 237432
Assistant Federal Defender
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone (916) 498-5700
Attorney for Defendant
ALEX LIAO
STIPULATION AND ORDER
DATE: May 21, 2013
TIME: 9:15 a.m.
JUDGE: Hon. Lawrence K. Karlton
It is hereby stipulated and agreed to between the United States of America through TODD LERAS, Assistant U.S. Attorney, and defendant, ALEX LIAO, by and through his counsel, MATTHEW M. SCOBLE, Assistant Federal Defender,and BINH THU LAM, by and through his counsel, MICHAEL E. HANSEN, that the status conference set for Tuesday, April 9, 2013, be continued to Tuesday, May 21, 2013, at 9:15 a.m..
The reason for this continuance is to allow defense counsel additional time to review discovery with the defendants, to examine possible defenses and to continue investigating the facts of the case.
It is further stipulated that the time period from the date of this stipulation, through and including the date of the new status conference hearing, May 21, 2013, shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. §§ 3161 (h)(7)(A) and (B)(iv)and Local Code T4 [reasonable time for defense counsel to prepare].
Respectfully submitted,
JOSEPH SCHLESINGER
Acting Federal Defender
____________
MATTHEW M. SCOBLE
Assistant Federal Defender
Attorney for Defendant
ALEX LIAO
Matthew M. Scoble, for
MICHAEL E. HANSEN
Attorney for Defendant
BINH THU LAM
BENJAMIN B. WAGNER
United States Attorney
Matthew M. Scoble for
TODD LERAS
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
Based on the stipulation of the parties and good cause appearing therefrom, the Court hereby adopts the stipulation of the parties in its entirety as its order. It is hereby ordered that the presently set April 9, 2013, status conference shall be continued to May 21, 2013, at 9:15 a.m. It is further ordered that the time period from the date of the parties' stipulation, April 5, 2013, through and including the date of the new status conference hearing, May 21, 2013, shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161 (h)(7)(A) and (B)(iv) and Local Code T4 [reasonable time for defense counsel to prepare].
Based on the stipulation of the parties and good cause appearing therefrom, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time for effective preparation taking into account the exercise of due diligence. The Court specifically finds that the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendants in a speedy trial.
IT IS SO ORDERED.
_____________________
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT