Opinion
CHRISTOPHER HAYDN-MYER, HAYDN-MYER LAW OFFICE, Citrus Heights, CA, Attorney for Defendant.
BENJAMIN B. WAGNER, Unites States Attorney, Christiaan Highsmith Assistant United States Attorney, for Plaintiff United States, Michael Hansen Attorney for Hussain Shahzad.
STIPULATION AND ORDER CONTINUING STATUS CONFERENCE; FINDING OF EXCLUDABLE TIME
MORRISON C. ENGLAND, Jr., Chief District Judge.
STIPULATION
Plaintiff, United States of America, through its counsel of record, and defendants, Farah Sarwar and Hussain Shahzad, by and through their counsel of record, hereby stipulate and agree as follows:
1. A status conference is currently set for April 9, 2015 at 9:00 a.m.
2. By this stipulation, the above-named defendants now move to continue the status Conference to May 21, 2015 at 9:00 a.m., and to exclude time between April 9, 2015 to May 21, 2015 under Local Codes T2 and T4. Plaintiff does not oppose this request.
3. The basis upon which the parties agree to this proposed continuance of the status conference is as follows:
a. The government has produced discovery which to date includes discovery marked Bates Number XXXXX-XXXXX. The discovery is not numbered in a continuous numerical order, but it does contain audio files. Further, the government has provided information regarding approximately 13 search warrants that are relevant to the case. All of this discovery has been either produced directly to counsel and/or made available.
b. Counsel for the defendants are still in the process of investigating the case, and counsel for Ms. Sarwar is currently set for trial assignment on a homicide case on April 9.
c. Counsel for the defendants believe that failure to grant the above-requested continuance would deny their clients the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
d. Plaintiff does not object to the continuance.
e. Based on the above-stated findings, the ends of justice served by continuing the status conference as requested outweigh the best interest of the public and the defendants in a trial within the original date prescribed by the Speedy Trial Act.
f. For the purpose of computing time under the Speedy Trial Act, 16 U.S.C. § 3161, et seq., within which trial must commence, the time period from April 9, 2015 to May 21, 2015 inclusive, is deemed excludable pursuant to 18 U.S.C. § 3161(h)(7)(a), B (iv) [Local Code T4] and Local Code T2 because it results from a continuance by the Court at the defendant's request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.
4. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.
5. Finally, Christopher Haydn-Myer has been authorized by counsel to sign this stipulation on their behalf.
IT IS SO STIPULATED.
ORDER
IT IS SO ORDERED.