Opinion
KYLE R. KNAPP (SBN 166597), ATTORNEY AT LAW Sacramento, CA. Attorney for Defendant OREST SHAYNYUK
BENJAMIN B. WAGNER, UNITED STATES ATTORNEY, KYLE REARDON, Assistant U.S. Attorney Attorney for Plaintiff.
STIPULATION AND ORDER CONTINUING CASE AND EXCLUDING TIME
JOHN A. MENDEZ, District Judge.
IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Kyle Reardon, Assistant United States Attorney, attorney for plaintiff, together with Kyle Knapp, attorney for defendant Orest Shaynyuk that the previously-scheduled status conference, currently set for October 29, 2013, be vacated and that the matter be set for status conference on December 3, 2013 at 9:45 a.m.
This continuance is requested to allow defense counsel additional time to further review the discovery in this matter, have his investigator view the forensic evidence and to continue exploring resolution of the case.
IT IS FURTHER time within which the trial of this case must be commenced under the Speedy Trial Act should therefore be excluded under 18 U.S.C. Section 3161(h)(7)(B) (iv), corresponding to Local Code T-4 (to allow defense counsel time to prepare) from the date of the parties' stipulation, October 24, 2013 up to and including December 3, 2103.
IT IS SO STIPULATED.
ORDER
The Stipulation of the parties is hereby accepted and the requested continuance is GRANTED. This matter shall be dropped from this court's October 29, 2013 criminal calendar and re-calendared for status conference on December 3, 2013.
Based on the representations of the parties the court finds that the ends of justice served by granting this continuance outweigh the interests of the public and the defendant in a speedy trial. Time is excluded from the time of the filing of this stipulation on October 24, 2013 through and including December 3, 2013.
IT IS SO ORDERED.