Opinion
CLYDE M. BLACKMON, ROTHSCHILD WISHEK & SANDS LLP, Sacramento, CA, Attorneys for Defendant, ROSS CHRISTOPHER SULLIVAN.
STIPULATION AND ORDER AMENDING BRIEFING SCHEDULE AND SETTING NEW HEARING DATE FOR MOTION TO SUPPRESS EVIDENCE
TROY L. NUNLEY, District Judge.
The United States of American, through its counsel Josh F. Sigal, and Ross Christopher Sullivan, through his counsel Clyde M. Blackmon, stipulate that the briefing schedule for a defense motion to suppress evidence may be amended as follows.
The parties are requesting amendment of the briefing schedule because counsel for Mr. Sullivan requires more time to prepare the motion to suppress evidence.
Time has already been excluded under the Speedy Trial Act from January 8, 2015, the date of a previously scheduled status conference, through March 26, 2015, the original date of the hearing on the suppression motion. The parties now stipulate that under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4 that good cause exists to exclude time pursuant to the Speedy Trial Act from March 26, 2015, through April 23, 2015, the requested new date for the hearing on the motion. The parties agree that, taking into account the exercise of due diligence, the ends of justice would be served by the Court excluding that time period due to the need for defense counsel to have reasonable time for effective preparation. The ends of justice served by establishing an amended briefing schedule and setting a new date for the hearing on the suppression motion outweigh the best interests of the public and Mr. Sullivan in a speedy trial.
The parties also stipulate, pursuant to 18 U.S.C. § 3161(h)(1)(D), that the time from the filing of the suppression motion on February 26, 2015, through the conclusion of the hearing on the motion should be excluded from the computation of the time period in which trial should commence under the Speedy Trial Act.
IT IS SO STIPULATED.
ORDER
GOOD CAUSE APPEARING upon the stipulation of the parties it is ordered that the briefing schedule pertaining to the defense motion to suppress evidence is amended as follows.
For the reasons stipulated to by the parties good cause exists under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4 and time is excluded pursuant to the Speedy Trial Act from March 26, 2015, to April 23, 2015. For the reasons set forth in the stipulation of the parties, the ends of justice served by amending the briefing schedule and setting a new date for the hearing on defendant's motion to suppress evidence outweighs the best interests of the public and Mr. Sullivan.
Based on the stipulation of the parties good cause also exists under 18 U.S.C. § 3161(h)(1)(D) and time is excluded under the Speedy Trial Act from the time defendant's motion to suppress evidence is filed on February 26, 2015, through the conclusion of the hearing on the motion.