Opinion
HEATHER E. WILLIAMS, Federal Defender, ALEXANDRA P. NEGIN, Assistant Federal Defender, Sacramento, CA, Attorney for Defendant ROD SIMPSON
JOHN MANNING, for Defendant SHANE BRAYTON, BENJAMIN B. WAGNER, United States Attorney, JILL THOMAS, Assistant U.S. Attorney, Attorney for Plaintiff.
STIPULATION AND ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME
JOHN A. MENDEZ, District Judge.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Jill Thomas, Assistant United States Attorney, attorney for Plaintiff, Heather Williams, Federal Defender, through Assistant Federal Defender Alexandra P. Negin, attorney for Rod Simpson, Shari Rusk, attorney for Sarah Bastin, and John Manning, attorney for Shane Brayton that the status conference hearing date of August 18, 2015 be vacated, and the matter be set for status conference on October 6, 2015 at 9:15 a.m.
The reasons for this continuance are to allow defense counsel additional time to review discovery, to examine possible defenses and to continue investigating the facts of the case.
Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded of this order's date through and including October 6, 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 6, 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 August 18, 2015 status conference shall be continued until October 6, 2015, at 9:15 a.m.