Opinion
CASE NO. 2:12-cr-00294-MCE
03-08-2013
UNITED STATES OF AMERICA, Plaintiff, v. BART WAYNE VOLEN, GREGORY SCOTT BAKER, and DARRELL PATRICK HINZ, Defendants.
MATTHEW G. JACOBS Attorney for Defendant BART WAYNE VOLEN MICHAEL M. BECKWITH Assistant U.S. Attorney THOMAS A. JOHNSON Attorney for Defendant GREGORY SCOTT BAKER WILLIAM J. PORTANOVA Attorney for Defendant DARRELL PATRICK HINZ
MATTHEW G. JACOBS (SBN 122066)
DLA PIPER LLP (US)
400 Capitol Mall, Suite 2400
Sacramento, CA 95814-4428
Tel: 916.930.3200
Fax: 916.930.3201
Attorneys for Defendant
BART WAYNE VOLEN
STIPULATION TO CONTINUE STATUS
CONFERENCE AND EXCLUDE TIME
UNDER SPEEDY TRIAL ACT; ORDER
THEREON
IT IS HEREBY STIPULATED AND AGREED between the defendants and the United States of America, by and through their undersigned counsel, that the status conference currently set for March 7, 2013 at 9:00 a.m, should be continued to May 9, 2013 at 9:00 a.m., and that time under the Speedy Trial Act should be excluded during that period.
The reason for the continuance is that the government recently produced approximately 24,000 pages of discovery to the defense (in addition to its initial production of approximately 12,000 pages), and anticipates producing and/or making available many more thousands of pages of discovery. Counsel for each defendant needs more time to review the discovery, discuss additional discovery with the government, research a number of issues, and discuss those matters with his client. In addition, counsel for Mr. Volen has recently submitted a comprehensive discovery request to the government which the government needs to evaluate and respond to.
Moreover, on November 1, 2012, counsel for Mr. Baker filed a motion for authorization of service of a subpoena pursuant to Rule 17(c), and that motion is currently set for hearing on March 21, 2013.
The parties therefore stipulate that the requested continuance should be granted to provide counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv), and for the pendency of Mr. Baker's discovery motion, pursuant to 18 U.S.C. § 3161(h)(1)(D). The parties further stipulate that the ends of justice served by granting this continuance outweigh the best interest of the public and the defendants in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).
The undersigned counsel for the other parties have authorized Mr. Jacobs to sign this stipulation for them.
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MATTHEW G. JACOBS
Attorney for Defendant
BART WAYNE VOLEN
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MICHAEL M. BECKWITH
Assistant U.S. Attorney
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THOMAS A. JOHNSON
Attorney for Defendant
GREGORY SCOTT BAKER
_______________
WILLIAM J. PORTANOVA
Attorney for Defendant
DARRELL PATRICK HINZ
ORDER
The status conference currently set for March 7, 2013 at 9:00 a.m, should be continued to May 9, 2013 at 9:00 a.m., and that time under the Speedy Trial Act should be excluded during that period.
IT IS SO ORDERED.
______________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE