Opinion
HEATHER E. WILLIAMS, Bar# 122664, Federal Defender, BENJAMIN D. GALLOWAY, Bar# 214897, Assistant Federal Defender, Sacramento, California, Attorney for Defendant, MARCUS DESHAUN PRIDE.
BENJAMIN B. WAGNER, United States Attorney. JASON HITT, Assistant U.S. Attorney, Attorney for Plaintiff.
STIPULATION AND ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME
LAWRENCE K. KARLTON, District Judge.
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, July 9, 2013, be continued to Tuesday, July 23, 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, July 23, 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.
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 July 9, 2013 status conference shall be continued to July 23, 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, July 23, 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.