Opinion
Shari Rusk, Attorney at Law, Sacramento, California, Attorney for Defendant Richard O'Connell.
STIPULATION & ORDER EXCLUDING TIME PURSUANT TO AGREEMENT TO DEFER PROSECUTION
JOHN A. MENDEZ, District Judge.
It is hereby stipulated and agreed between plaintiff, United States of America, by and through its counsel of record Jill Thomas, and defendant, Richard O'Connell by and through his undersigned counsel of record as follows:
On October 5, 2015 the parties signed a formal agreement to defer prosecution of the indictment against Mr. O'Connell for a period of twelve months. The agreement is attached hereto as Exhibit A.
The Speedy Trial Act, 18 U.S.C. 3161, at subdivision (h)(2), excludes from computation of the time within which trial must commence "[a]ny period of delay during which prosecution is deferred by the attorney for the Government pursuant to a written agreement with the defendant, with the approval of the court, for the purpose of allowing the defendant to demonstrate his good conduct."
The parties agree and jointly request that the Court approve the agreement pursuant to 18 U.S.C. 3161(h)(2) so that time under the Speedy Trial Act may be excluded through October 4, 2016. The parties further stipulate and request that, in light of the agreement set forth herein, the Court vacate the status conference, as to this defendant only, presently scheduled for October 13, 2015, and set a control date of September 27, 2016 at 9:15 a.m.
ORDER
The Court, having received, read and considered the deferred prosecution agreement and the parties' stipulation, hereby approves the deferred prosecution agreement and adopts the parties' stipulation in its entirety as its order. The Court orders the time from the date of the deferred prosecution agreement, up to and including October 4, 2016, shall be excluded from the 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)(2) [prosecution deferred by mutual agreement], and Local Code T1. It is further ordered that the October 13, 2015 status conference shall be vacated as to defendant Richard O'Connell only. A control date is set for September 27, 2016, at 9:15 a.m.