Opinion
No. CR-S-12-00053-MCE
04-11-2013
UNITED STATES OF AMERICA, Plaintiff, v. ROBERT SCHAEFER, Defendant.
DANIEL BRODERICK Federal Defender DOUG BEEVERS Assistant Federal Defender Attorney for Defendant ROBERT SCHAEFER BENJAMIN B. WAGNER United States Attorney MATTHEW MORRIS Assistant U.S. Attorney Attorney for Plaintiff
JOSEPH SCHLESINGER, #87692
Acting Federal Defender
DOUGLAS BEEVERS,#288639
Assistant Federal Defender
Designated Counsel for Service
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: (916) 498-5700
Attorney for Defendant
ROBERT SCHAEFER
STIPULATION AND ORDER TO CONTINUE
STATUS CONFERENCE
Date: June 13, 2013
Judge: Hon. Morrison C. England
This case is currently scheduled for a status hearing on April 11, 2013 The parties have conferred and agree that additional time is needed for negotiation between the parties with the hope of resolving the case. Specifically, the parties have agreed that a pre-plea presentence report would aid the parties toward resolving the case and respectfully request that this Court order the Probation Office to produce a pre-plea presentence report in Mr. Schaefer's case. In addition, defense counsel desires the pre-plea presentence report to help apprise him of legal and/or factual issues on which he may need to perform additional legal research and factual investigation in order to help prepare defendant's defense.
Mr. Schaefer is currently out of custody and is willing to waive time pursuant to the Speedy Trial Act in order for defense counsel to obtain the pre-plead presentence report and pursue negotiations with the government.
The parties, through their respective counsel, hereby stipulate and agree that the status conference scheduled in this case for April 11, 2013, be continued until June 13, 2013. In addition, the parties stipulate that the time period from the date of this stipulation, April 10, 2013, and including, June 13, 2013, 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)(8)(B)(iv) and Local Code T4, due to the need to provide defense counsel with the reasonable time to prepare Mr. Schaefer's defense. Specifically, the parties further agree that a pre-plea presentence investigation report from the probation office will aid defense counsel in properly advising Mr. Schaefer of the consequences of a conviction of the charge(s) and possibly help in resolving the case.
Respectfully submitted,
DANIEL BRODERICK
Federal Defender
_________
DOUG BEEVERS
Assistant Federal Defender
Attorney for Defendant
ROBERT SCHAEFER
BENJAMIN B. WAGNER
United States Attorney
By: __________
MATTHEW MORRIS
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
For the reasons set forth in the stipulation of the parties, filed on April 10, 2013, IT IS HEREBY ORDERED that the status conference currently scheduled for April 11, 2013, shall be continued until June13, 2013, at 9:00 a.m. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. Accordingly, IT IS HEREBY ORDERED that, for the reasons stated in the parties' April 10, 2013, stipulation, the time from the date of the parties' stipulation to, and including, June 13, 2013 is 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)(8)(B)(iv) and Local Code T4, due to the need to provide defense counsel with the reasonable time to prepare defendant's defense taking into account the exercise of due diligence.
In addition, the Court further ORDERS the United States Probation Office to prepare and disclose to the parties a pre-plea presentence investigation report.
IT IS ORDERED.
________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE