Opinion
No. 2:12-CR-417 GEB
03-19-2013
UNITED STATES OF AMERICA, Plaintiff, v. GERALD RATULOWSKI, Defendant.
JOSEPH SCHLESINGER Acting Federal Defender BENJAMIN GALLOWAY Assistant Federal Defender Attorney for Defendant GERALD RATULOWSKI BENJAMIN B. WAGNER United States Attorney Benjamin Galloway for KYLE REARDON 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
GERALD RATULOWSKI
STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME
DATE: April 26, 2013
JUDGE: Hon. Garland E. Burrell
It is hereby stipulated and agreed to between the United States of America through KYLE REARDON, Assistant U.S. Attorney and defendant GERALD RATULOWSKI by and through his counsel, BENJAMIN GALLOWAY, Assistant Federal Defender, that the status conference set for March 22, 2013 be continued to April 26, 2013 at 9:00 a.m.
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.
The parties stipulate that the Court should find the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendants in a speedy trial.
Speedy trial time is to be excluded from the date of this order through the date of the status conference set for April 26, 2013, pursuant to 18 U.S.C. § 3161 (h)(7)(A) and (B)(iv) [reasonable time to prepare] (Local Code T4).
Respectfully submitted,
JOSEPH SCHLESINGER
Acting Federal Defender
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BENJAMIN GALLOWAY
Assistant Federal Defender
Attorney for Defendant
GERALD RATULOWSKI
BENJAMIN B. WAGNER
United States Attorney
Benjamin Galloway for
KYLE REARDON
Assistant U.S. Attorney
Attorney for Plaintiff
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. The Court specifically finds that the failure to grant a continuance in this case would deny counsel 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 defendant in a speedy trial.
The Court orders that the time from the date of the parties stipulation, up to and including April 26, 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. § 3161(h)(7)(A) and(B)(iv) T4 (reasonable time for counsel to prepare). It is further ordered that the March 22, 2013 status conference shall be continued until April 26, 2013, at 9:00 a.m.
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GARLAND E. BURRELL, JR.
Senior United States District Judge