Opinion
NO. 1:11-cr-00301 LJO
01-12-2012
UNITED STATES OF AMERICA, Plaintiff, v. KEVIN MARSHALL AGRAVA, Defendant.
BENJAMIN B. WAGNER United States Attorney BRIAN ENOS Assistant United States Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Defender ERIC V. KERSTEN Assistant Federal Defender Attorney for Defendant Kevin Marshall Agrava
DANIEL J. BRODERICK, Bar #89424
Federal Defender
ERIC V. KERSTEN, Bar #226429
Assistant Federal Defender
Designated Counsel for Service
Attorney for Defendant
Kevin Marshall Agrava
STIPULATION TO CONTINUE STATUS
CONFERENCE AND ORDER (note time
change)
Date: February 6, 2012
Time: 1:00 p.m.
Judge: Hon. Lawrence J. O'Neill
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, BRIAN ENOS, Assistant United States Attorney, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for defendant, Kevin Marshall Agrava, that the date for status conference may be continued to February 6, 2012, or the soonest date thereafter that is convenient to the court. The date currently set for status conference is January 17, 2012. The requested new date is February 6, 2012, at 1:00 p.m.
The government has recently provided a plea offer to the defense and the parties are engaged in negotiations concerning the terms of the offer. Additional investigation, research and negotiations are necessary to determine the applicability of potential offense characteristics under the sentencing guidelines. It is anticipated that the parties will either enter a plea agreement or request a trial date at the next status conference.
The parties agree that the delay resulting from the requested continuance shall be excluded as necessary for continuity of counsel, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv). For this reason, the ends of justice served by the granting of the requested continuance outweigh the interests of the public and the defendants in a speedy trial.
BENJAMIN B. WAGNER
United States Attorney
By _________________________
BRIAN ENOS
Assistant United States Attorney
Attorney for Plaintiff
DANIEL J. BRODERICK
Federal Defender
By _________________________
ERIC V. KERSTEN
Assistant Federal Defender
Attorney for Defendant
Kevin Marshall Agrava
ORDER
Good cause exists for the continuance. It will be at 2 p.m. on the date requested. The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE