Opinion
2:19-CR-00238-WBS
04-20-2022
UNITED STATES OF AMERICA, Plaintiff, v. MAURICE SHOE, Defendant.
PHILLIP A. TALBERT United States Attorney AUDREY B. HEMESATH AUDREY B. HEMESATH Assistant United States Attorney ROBERT WILSON Counsel for Defendant MAURICE SHOE
PHILLIP A. TALBERT United States Attorney AUDREY B. HEMESATH AUDREY B. HEMESATH Assistant United States Attorney
ROBERT WILSON Counsel for Defendant MAURICE SHOE
REQUEST TO RESET STATUS CONFERENCE DATE; STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER
WILLIAM B.SHUBB UNITED STATES DISTRICT JUDGE
The parties hereby stipulate as follows:
1. By previous order, this matter was set for status on April 25, 2022.
2. By this stipulation, defendant now moves to continue the status conference until May 16, 2022 at 900 a.m., and to exclude time between now and May 16, 2022, under Local Code T4.
3. The parties agree and stipulate, and request that the Court find the following:
a) The government has represented that the discovery associated with this case includes approximately 24, 303 pages of documents including financial records, business records, email communications, and investigative reports. All of this discovery has been either produced directly to counsel and/or made available for inspection and copying.
b) Counsel for defendant desires additional time to review this discovery and the current charges, to conduct investigation and research related to the charges, to discuss the discovery, charges, and potential resolutions with his client, and to otherwise prepare for trial.
This process has been delayed in part due to a recent surgery from which defense counsel is still recovering.
c) Counsel for defendant believes that failure to grant the above-requested continuance would deny him/her the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
d) The government does not object to the continuance.
e) Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendant 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, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of April 25, 2022 to May 16, 2022, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) [Local Code T4] because it results from a continuance granted by the Court at 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.
IT IS SO STIPULATED.
FINDINGS AND ORDER
IT IS SO FOUND AND ORDERED.