Opinion
HEATHER E. WILLIAMS, Federal Defender, MATTHEW M. SCOBLE, Assistant Federal Defender, Sacramento, CA, Attorney for Defendant KIM ROGERS
BENJAMIN WAGNER, United States Attorney, MICHAEL MCCOY, Assistant U.S. Attorney, Attorney for Plaintiff.
STIPULATION TO CONTINUE MOTION BRIEFING SCHEDULE AND MOTION; EXCLUDE TIME
MORRISON C. ENGLAND, Jr., Chief District Judge.
Kim Rogers, by and through his counsel, Matthew M. Scoble, Esq., of the Office of the Federal Defender, and Michael McCoy, Assistant United States Attorney, hereby stipulate and agree that the motion to suppress be continued from July 16, 2015 at 9:00 a.m. to September 10, 2015 at 9:00 a.m., and that the briefing schedule be set as follows:
Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded of this order's date through and including September 10, 2015; pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and General Order 479, Local Code T4 based upon continuity of counsel and defense preparation.
Counsel and the defendant also agree that the ends of justice served by the Court granting this continuance outweigh the best interests of the public and the defendant in a speedy trial.
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. Time is excluded to provide defense 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 briefing schedule and continuance outweigh the best interests of the public and defendant in a speedy trial.
The Court orders that the time from the date of this order, up to and including September 10, 2015, 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)(B)(iv)(reasonable time for counsel to prepare - Local Code T4). It is further ordered that the motion hearing be set for September 10, 2015 at 9:00 a.m. The proposed briefing schedule is adopted.
IT IS SO ORDERED.