Opinion
Case No.: Cr.S-12-0238-MCE
03-14-2013
United States of America, Plaintiff, v. Nicholas Perry and Eric Johnston, Defendants
BENJAMIN B. WAGNER United States Attorney Kyle Reardon by Jan David Karowsky Mr. Reardon's approval Kyle Reardon Assistant U.S. Attorney KRESTA DALY Attorney at Law By Jan David Karowsky Ms. Daly's approval Attorney for Defendant Nicholas Perry JAN DAVID KAROWSKY Attorney at Law A Professional Corporation Jan David Karowsky JAN DAVID KAROWSKY Attorney for Defendant Eric Johnston
JAN DAVID KAROWSKY
Attorney at Law
A Professional Corporation
California State Bar Number 53854
716 19th Street, Suite 100
Sacramento, CA 95811-1767
(916) 447-1134
(916) 448-0265 (Fax)
Attorney for Defendant
Eric Johnston
STIPULATION TO CONTINUE
STATUS CONFERENCE
JUDGE: Hon. Morrison E. England, Jr.
All counsel still need additional time for ongoing negotiations. Therefore, it is requested that the Status Conference set for March 14, 2013 at 9:00 a.m. be continued to May 30, 2013 at 9:00 a.m.. I have spoken to both AUSA Kyle Reardon and counsel for Mr. Perry, Kresta Daly, both of whom agree to this request and further agree that I may sign their names to it.
STIPULATION
Plaintiff, United States, and Defendants, Nicholas Perry and Eric Johnston, through their undersigned counsel, hereby stipulate and agree that the Court may re-set the date for the Status Conference to May 30, 2013 at 9:00 a.m. The parties further stipulate that time may be excluded from the Speedy Trial Act calculation from and including the date of March 14, 2013, the date currently set for the Status Conference, to and including May 30, 2013, the new Status Conference date, pursuant to 18 U.S.C. §3161 (h)(7)(A) and (B)(iv) and Local Code T4 in order to give Counsel for the Defendants reasonable time to prepare. The parties stipulate that the ends of justice to be served by granting the continuance outweigh the best interests of the public and defendants in a speedy trial.
IT IS SO STIPULATED.
BENJAMIN B. WAGNER
United States Attorney
Kyle Reardon
by Jan David Karowsky
Mr. Reardon's approval
by
Kyle Reardon
Assistant U.S. Attorney
KRESTA DALY
Attorney at Law
By Jan David Karowsky
Ms. Daly's approval
Attorney for Defendant
Nicholas Perry
JAN DAVID KAROWSKY
Attorney at Law
A Professional Corporation
Jan David Karowsky
by
JAN DAVID KAROWSKY
Attorney for Defendant
Eric Johnston
ORDER
Based on the stipulation of the parties and good cause appearing therefrom, the Court hereby finds that the failure to grant a continuance of the date now set for a Status Conference in this case would deny respective counsel for all parties reasonable time necessary 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 a continuance outweigh the interests of the public and the defendants in a speedy trial and that the time within which the trial of this matter must be commenced under the Speedy Trial Act is excluded during the time period from and including March 14, 2013, through and including May 30, 2013, pursuant to 18 U.S.C.§3161(h)(7)(A)&(B)(iv) [reasonable time to prepare] and Local Code T4.
Based on these findings and pursuant to the stipulation of the parties, the Court hereby adopts the stipulation of the parties in its entirety as its order.
IT IS SO ORDERED.
______________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE