Opinion
NO. 2:12-cr-00275 MCE
01-23-2013
UNITED STATES OF AMERICA, Plaintiff, v. ANGEL ARTURO VARGAS, Defendant.
JOSEPH SCHLESINGER, Bar #87692 Acting Federal Defender BENJAMIN D. GALLOWAY, Bar #214897 Assistant Federal Defender Attorney for Defendant ANGEL ARTURO VARGAS
JOSEPH SCHLESINGER, Bar #87692
Acting Federal Defender
BENJAMIN D. GALLOWAY, Bar #214897
Assistant Federal Defender
Attorney for Defendant
ANGEL ARTURO VARGAS
STIPULATION TO CONTINUE STATUS
CONFERENCE AND ORDER EXCLUDING TIME
DATE: February 21, 2013
JUDGE: Morrison C. England, Jr.
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows:
1. By previous order, this matter was set for status conference on January 24, 2013.
2. By this stipulation, defendant now moves to continue the status conference until February 21, 2013 and to exclude time between January 24, 2013 and February 21, 2013 under Local Code T4. Plaintiff does not oppose this request.
3. The parties agree and stipulate, and request that the Court find the following:
a. Discovery has been produced directly to counsel and/or made available for inspection and copying.
b. Counsel for defendant desires additional time to consult with his client, to review the current charges, to conduct investigation and research related to the charges, and to discuss potential resolutions with his client.
c. Counsel for defendant believes that failure to grant the above-requested continuance would deny him 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 January 24, 2013 to February 21, 2013, 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.
JOSEPH SCHLESINGER
Acting Federal Defender
______________________
BENJAMIN D. GALLOWAY
Counsel for Defendant
ANGEL ARTURO VARGAS
BENJAMIN B. WAGNER
United States Attorney
Benjamin D. Galloway for
MICHAEL McCOY
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
______________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE