Opinion
ERIN J. RADEKIN, Attorney at Law Sacramento, California, Attorney for Defendant TERI SCHELL.
BENJAMIN WAGNER, United States Attorney, JOSH F. SIGAL, Assistant United States Attorney, JOHN R. DUREE, JR., Attorney for Defendant DAVID SCHELL.
STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE
JOHN A. MENDEZ, District Judge.
STIPULATION
Plaintiff, United States of America, by and through its counsel, Assistant United States Attorney Josh F. Sigal, defendant, David Schell, by and through his counsel, John R. Duree, Jr., and defendant, Teri Schell, by and through her counsel, Erin J. Radekin, agree and stipulate to vacate the date set for status conference, October 6, 2015 at 9:15 a.m., in the above-captioned matter, and to continue the status conference to December 8, 2015 at 9:15 a.m. in the courtroom of the Honorable John A. Mendez.
The reason for this request is to allow additional time for the defense to complete investigation and other defense preparation; and for the parties to engage in plea negotiations. The Court is advised that Mr. Sigal concurs with this request and that he and Mr. Duree have authorized Ms. Radekin to sign this stipulation on their behalf.
The parties further agree and stipulate that the time period from the filing of this stipulation until December 8, 2015 should be excluded in computing time for commencement of trial under the Speedy Trial Act, based upon the interest of justice under 18 U.S.C. § 3161(h)(7)(B)(iv), and Local Code T4, to allow reasonable time necessary for effective defense preparation. It is further agreed and stipulated that the ends of justice served in granting the request outweigh the best interests of the public and the defendant in a speedy trial.
Accordingly, the parties respectfully request the Court adopt this proposed stipulation.
IT IS SO STIPULATED.
ORDER
For the reasons set forth in the accompanying stipulation and declaration of counsel, the status conference date of October 6, 2015 at 9:15 a.m. is VACATED and the above-captioned matter is set for status conference on December 8, 2015 at 9:15 a.m. The Court finds excludable time in this matter through December 8, 2015 under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4, to allow reasonable time necessary for effective defense preparation. For the reasons stipulated by the parties, the Court finds that the interest of justice served by granting the request outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. §§ 3161(h)(7)(A), (h)(7)(B)(iv).
IT IS SO ORDERED.