Opinion
No. 2:08-CR-0197 GEB
02-07-2013
UNITED STATES OF AMERICA, Plaintiff, v. JIMMIE PERRYMAN, Defendant.
MICHAEL E. HANSEN Attorney for Defendant JIMMIE PERRYMAN BENJAMIN B. WAGNER United States Attorney By: Michael E. Hansen for TODD LERAS Assistant U.S. Attorney Attorney for Plaintiff
Michael E. Hansen
Attorney at Law, SBN 191737
711 Ninth Street, Suite 100
Sacramento, CA 95814
916.438.7711 FAX 916.864.1359
Attorney for Defendant
JIMMIE PERRYMAN
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE STATUS
CONFERENCE, AND TO EXCLUDE
TIME PURSUANT TO THE SPEEDY
TRIAL ACT
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Todd Leras, Assistant United States Attorney, attorney for plaintiff, and Michael E. Hansen, attorney for defendant Jimmie Perryman, that the previously-scheduled status conference date of February 8, 2013, be vacated and the matter set for status conference on February 22, 2013, at 9:00 a.m..
This continuance is requested to allow counsel additional time to engage in plea negotiations. The parties are working diligently towards a resolution.
The Government concurs with this request.
Further, the parties agree and stipulate the ends of justice served by the granting of such a continuance outweigh the best interests of the public and the defendant in a speedy trial and that time within which the trial of this case must be commenced under the Speedy Trial Act should therefore be excluded under 18 U.S.C. section 3161(h)(7)(B)(iv), corresponding to Local Code T4 (to allow defense counsel time to prepare), from the date of the parties' stipulation, February 7, 2013, to and including February 22, 2013.
Accordingly, the parties respectfully request the Court adopt this proposed stipulation.
IT IS SO STIPULATED.
Respectfully submitted,
_________
MICHAEL E. HANSEN
Attorney for Defendant
JIMMIE PERRYMAN
BENJAMIN B. WAGNER
United States Attorney
By:Michael E. Hansen for
TODD LERAS
Assistant U.S. Attorney
Attorney for Plaintiff
[PROPOSED] 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. Based on the stipulation of the parties and the recitation of facts contained therein, the Court finds that it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in 18 U.S.C. section 3161. In addition, the Court specifically finds that the failure to grant a continuance in this case would deny defense counsel to this stipulation 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 the defendants in a speedy trial.
The Court orders that the time from the date of the parties' stipulation, February 7, 2013, to and including February 22, 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. section 3161(h)(7)(B)(iv), and Local Code T4 (reasonable time for defense counsel to prepare). It is further ordered that the February 8, 2013, status conference shall be continued until February 22, 2013, at 9:00 a.m.
IT IS SO ORDERED.
____________________________________
GARLAND E. BURRELL, JR.
Senior United States District Judge