Opinion
2:21-cr-0164-WBS
10-13-2023
UNITED STATES OF AMERICA, Plaintiff, v. ROBERT KIRBY WELLS, Defendant.
WILLIAM J. PORTANOVA, SBN: 106193 Portanova & Associates Attorney for Defendant ROBERT KIRBY WELLS PHILLIP A. TALBERT United States Attorney MATTHEW THUESEN Assistant United States Attorney
Date: October 16, 2023
WILLIAM J. PORTANOVA, SBN: 106193
Portanova & Associates
Attorney for Defendant
ROBERT KIRBY WELLS
PHILLIP A. TALBERT
United States Attorney
MATTHEW THUESEN
Assistant United States Attorney
STIPULATION TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT; FINDINGS AND ORDER
WILLIAM B. SHUBB, UNITED STATES DISTRICT JUDGE
Defendant, ROBERT KIRBY WELLS, by and through his undersigned counsel, and Plaintiff United States of America, by and through its undersigned counsel, hereby stipulate as follows:
1. By previous order, this matter was set for status on October 16, 2023, and time was excluded through October 16, 2023, pursuant to 18 U.S.C. § 3161(h)(7)(A), (B)(iv) (Local Code T4).
2. By this stipulation, the parties jointly request that the Court continue the status conference to November 13, 2023, at 9:00 a.m. The parties further request that the Court exclude time under the Speedy Trial Act from October 16, 2023, through November 13, 2023, pursuant to 18 U.S.C. § 3161(h)(7)(A), (B)(iv) (Local Code T4).
3. The parties stipulate, and request the Court find the following:
a) Defense counsel has received 131,749 pages of discovery that include, among other things, investigative reports, financial records, and other business records, as well as the contents of two email accounts. Counsel for the defendant would like time to review the evidence, discuss resolution options, research sentencing issues, conduct independent factual investigations, and otherwise prepare for trial.
b) Counsel for defendant, ROBERT KIRBY WELLS, believes that failure to grant the above-requested continuance would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
c) The government does not object to the continuance.
d) Based on the above stated findings, the ends of justice served by continuing the case outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.
e) 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 October 16, 2023, up to and including, November 13, 2023, is deemed excludable under 18 U.S.C. § 3161(h)(7)(A), (B)(iv) (Local Code T4), as it results from a continuance granted by the Court at the 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 defendant in a speedy trial.
IT IS SO STIPULATED.
FINDINGS AND ORDER
IT IS SO FOUND AND ORDERED.