Opinion
HEATHER E. WILLIAMS, Federal Defender, SEAN RIORDAN, Assistant Federal Defender, Sacramento, CA, Attorney for Defendant MARVIN MOLINERO-GUTIERREZ.
BENJAMIN B. WAGNER, United States Attorney, KATHERINE LYDON, Assistant U.S. Attorney, Attorney for Plaintiff
STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE, AND TO EXCLUDE TIME
MORRISON C. ENGLAND, Jr., Chief District Judge.
IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Katherine Lydon, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Sean Riordan, attorney for Marvin Molinero-Gutierrez, that the status conference scheduled for October 1, 2015 be vacated and be continued to November 12, 2015 at 9:00 a.m.
The reason for continuance is to allow Defense counsel additional time to analyze and investigate recently obtained records and to discuss those findings with Mr. Molinero. Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded as of this order's date through and including November 12, 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 ontinuance 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 November 12, 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 October 1, 2015 status conference shall be continued until November 12, 2015, at 9:00 a.m.
IT IS SO ORDERED.