Opinion
No. 2:12-CR-442 LKK
04-29-2013
UNITED STATES OF AMERICA, Plaintiff, v. BRANDON McMURRIAN and JOEL MURDOCH, Defendants.
JOSEPH SCHLESINGER, Bar# 87692 Acting Federal Defender BENJAMIN D. GALLOWAY, Bar# 214897 Assistant Federal Defender Attorney for Defendant BRANDON McMURRIAN DONALD DORFMAN Attorney for Defendant JOEL MURDOCH SAMUEL WONG Assistant U.S. Attorney Attorney for Plaintiff
JOSEPH SCHLESINGER, Bar# 87692
Acting Federal Defender
BENJAMIN D. GALLOWAY, Bar# 214897
Assistant Federal Defender
Attorney for Defendant
BRANDON McMURRIAN
STIPULATION AND ORDER TO CONTINUE
STATUS CONFERENCE AND EXCLUDE
TIME
DATE: June 18, 2013
JUDGE: Hon. Lawrence K. Karlton
It is hereby stipulated and agreed to between the United States of America through SAMUEL WONG, Assistant U.S. Attorney; defendant BRANDON McMURRIAN by and through his counsel, BENJAMIN GALLOWAY, Assistant Federal Defender; and defendant, JOEL MURDOCH, by and through his counsel, DONALD DORFMAN, that the status conference set for April 30, 2013 be continued to June 18, 2013 at 9:15 a.m.
The reason for this continuance is to allow defense counsel additional time to review discovery with the defendant, to examine possible defenses and to continue investigating the facts of the case.
The parties stipulate that the Court shall find the ends of justice served by the granting of such continuance outweigh the best interests of the public and the defendants in a speedy trial.
The parties stipulate that time within which the trial of this case must be commenced under the Speedy Trial Act shall be excluded from computation of time beginning from the date of this stipulation through the date of the status conference set for June 18, 2013, pursuant to 18 U.S.C. § 3161 (h)(7)(A) and (B)(iv) [reasonable time to prepare] and Local Code T4.
Respectfully submitted,
JOSEPH SCHLESINGER
Acting Federal Defender
________________________
BENJAMIN GALLOWAY
Assistant Federal Defender
Attorney for Defendant
BRANDON McMURRIAN
________________________
DONALD DORFMAN
Attorney for Defendant
JOEL MURDOCH
BENJAMIN B. WAGNER
United States Attorney
Benjamin Galloway for
SAMUEL WONG
Assistant U.S. Attorney
Attorney for Plaintiff
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. The Court specifically finds that the failure to grant a continuance in this case would deny defense counsel 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 defendants in a speedy trial.
The Court orders that the time from the date of the parties stipulation, April 24, 2013, up to and including June 18, 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)(iv) and Local Code T4 (reasonable time for defense counsel to prepare). It is further ordered that the April 30, 2013 status conference shall be continued to June 18, 2013, at 9:15 a.m.
________________________
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT