Opinion
NO. 2:11-cr-170 LKK
03-25-2013
UNITED STATES OF AMERICA, Plaintiff, v. MARCUS DESHAUN PRIDE, Defendant.
JOSEPH SCHLESINGER Acting Federal Defender BENJAMIN GALLOWAY Assistant Federal Defender Attorney for Defendant MARCUS PRIDE BENJAMIN B. WAGNER United States Attorney Benjamin Galloway for JASON HITT Assistant U.S. Attorney Attorney for Plaintiff
JOSEPH SCHLESINGER, Bar# 87692
Acting Federal Defender
BENJAMIN D. GALLOWAY, Bar# 214897
Assistant Federal Defender
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone (916) 498-5700
Attorney for Defendant
MARCUS DESHAUN PRIDE
STIPULATION AND ORDER
CONTINUING STATUS CONFERENCE AND EXCLUDING TIME
DATE: May 21, 2013
JUDGE: Lawrence K. Karlton
It is hereby stipulated and a greed to between the United States of America through JASON HITT, Assistant U.S. Attorney, and defendant, MARCUS DESHAUN PRIDE by and through his counsel, BENJAMIN GALLOWAY, Assistant Federal Defender, that the status conference set for Tuesday, March 26, 2013, be continued to Tuesday, May 21, 2013 at 9:15 a.m. for status conference.
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.
It is further stipulated that the time period from the date of this stipulation, through and including the date of the new status conference, May 21, 2013, shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. §§ 3161 (h)(7)(B)(iv)and Local Code T4 [reasonable time for defense counsel to prepare], and that the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendant in a speedy trial.
Respectfully submitted,
JOSEPH SCHLESINGER
Acting Federal Defender
______________________
BENJAMIN GALLOWAY
Assistant Federal Defender
Attorney for Defendant
MARCUS PRIDE
BENJAMIN B. WAGNER
United States Attorney
Benjamin Galloway for
JASON HITT
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
Based on the stipulation of the parties and good cause appearing therefrom, the Court hereby adopts the stipulation of the parties in its entirety as its order. It is hereby ordered that the presently set March 26, 2013 status conference shall be continued to May 21, 2013 at 9:15 a.m. It is further ordered that the time period from the date of the parties' stipulation, through and including the date of the new status conference hearing, May 21, 2013, shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161 (h)(7)(B)(iv) and Local Code T4 [reasonable time for defense counsel to prepare].
Based on the stipulation of the parties and good cause appearing therefrom, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time 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 continuance outweigh the interests of the public and the defendant in a speedy trial.
IT IS SO ORDERED.
______________________
LAWRENCE K. KARLTON
SENIOR JUDGE UNITED STATES DISTRICT COURT