Opinion
HEATHER E. WILLIAMS, Federal Defender, DOUGLAS J. BEEVERS, Assistant Federal Defender, Sacramento, CA, Attorney for Defendant, RICHARD C. SIHNER.
BENJAMIN B. WAGNER, United States Attorney,
MATTHEW MORRIS, Assistant U.S. Attorney, Attorney for Plaintiff.
STIPULATION AND [PROPOSED] ORDER TO CONTINUES STATUS CONFERENCE, AND TO EXCLUDE TIME
JOHN A. MENDEZ, District Judge.
IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Assistant United States Attorney Matthew Morris, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Douglas Beevers, attorney for Richard C. Sihner, that the status conference scheduled for October 13, 2015 be vacated and be continued to October 20, 2015 at 9:15 a.m.
The grounds for this continuance are that Defense counsel would like more time to review discovery and to investigate the facts of the case.
Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded as of this order's date through and including October 20, 2015; pursuant to 18 U.S.C. § 3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and General Order 479, Local Code T4 based upon continuity of counsel and defense preparation.
ORDER
IT IS HEREBY ORDERED, the Court, having received, read, and considered the parties' stipulation, and good cause appearing therefrom, adopts the parties' stipulation in its entirety as its order. The Court specifically finds the failure to grant a continuance in this case would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds the ends of justice are served by granting the requested continuance and outweigh the best interests of the public and defendant in a speedy trial.
The Court orders the time from the date the parties stipulated, up to and including October 20, 2015, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and(B)(iv) [reasonable time for counsel to prepare] and General Order 479, (Local Code T4). It is further ordered the October 13, 2015 status conference shall be continued until October 20, 2015, at 9:15 a.m.