Opinion
2:12-cr-0400 GEB
02-12-2013
UNITED STATES OF AMERICA, Plaintiff, v. ROBERT K. ROBERSON, Defendant.
DAVID W. DRATMAN Attorney at Law State Bar No. 78764 Attorney for Defendant ROBERT K. ROBERSON
DAVID W. DRATMAN
Attorney at Law
State Bar No. 78764
Attorney for Defendant
ROBERT K. ROBERSON
STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING, AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT
The parties request that the status conference, currently set for February 15, 2013 at 9:00 a.m., be continued to April 5, 2013 at 10:00 a.m., and stipulate that the time beginning February 15, 2013 and extending through April 5, 2013, should be excluded from the calculation of time under the Speedy Trial Act. 18 U.S.C. § 3161.
Defense Counsel is continuing to review the discovery in the case, including making arrangements to view seized computer evidence. Additional time is needed for Defense Counsel to review this discovery.
Accordingly, the parties believe that the forgoing justifies an exclusion of time from the calculation of time under the Speedy Trial Act. The additional time is necessary to ensure effective preparation, taking into account the exercise of due diligence; and, continuity of counsel. 18 U.S.C. § 3161(h)(7)(B)(iv); Local Code T4. The interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).
____________________
DAVID W. DRATMAN
Attorney for Defendant
ROBERT K. ROBERSON
BENJAMIN B. WAGNER
UNITED STATES ATTORNEY
By: ____________________
MATTHEW G. MORRIS
Assistant U.S. Attorney
*Signed with permission
ORDER
The Court, having 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, the Court finds that the failure to set this briefing schedule would deny defense counsel 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 continuance outweigh the interests of the public and that the time from February 15, 2013 to and including April 5, 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 Local Code T4 (time for defense counsel to prepare and continuity of counsel)(18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
IT IS SO ORDERED.
____________________
GARLAND E. BURRELL, JR.
Senior United States District Judge