Opinion
No. 2:09-cr-00149 FCD
08-01-2011
UNITED STATES OF AMERICA, Plaintiff, v. ERIK ALEXANDER Defendant
DAVID D. FISCHER Attorney for Defendant ERIK ALEXANDER Benjamin B. Wagner United States Attorney by: David D. Fischer for SAMANTHA SPANGLER Assistant U.S. Attorney Attorney for Plaintiff
DAVID D. FISCHER (SBN 224900)
ATTORNEY AT LAW
Attorney for Defendant
ERIK ALEXANDER
STIPULATION AND ORDER
CONTINUING STATUS CONFERENCE
Judge: Honorable Frank C. Damrell, Jr.
IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Samantha Spangler, Assistant United States Attorney, together with counsel for defendant Erik Alexander, that the status conference presently set for August 8, 2011 be continued to August 23, 2011, at 10:00 a.m., thus vacating the presently set status conference. This stipulation has been reached because the defense has additional investigation that will not be complete before the date of the currently scheduled status conference.
The Government concurs with this request.
Further, the parties agree and stipulate that the ends of justice served by the granting of such a continuance outweigh the best interests of the public and the defendant in a speedy trial and that time within which the trial of this case must be commenced under the Speedy Trial Act should therefore be excluded under 18 U.S.C. Section 3161(h)(7)(B) (iv), corresponding to Local Code T-4 (to allow defense counsel time to prepare) from the date of the parties' stipulation, July 29, 2011, to and including August 23, 2011. The defendant requests more time to conduct investigation to prepare its defense.
Accordingly, the parties respectfully request the Court adopt this proposed stipulation. IT IS SO STIPULATED.
DAVID D. FISCHER
Attorney for Defendant
ERIK ALEXANDER
Benjamin B. Wagner
United States Attorney
by: David D. Fischer for
SAMANTHA SPANGLER
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. Based on the stipulation of the parties and the recitation of facts contained therein, the Court finds that it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in 18 U.S.C. § 3161. In addition, the Court specifically finds that the failure to grant a continuance in this case would deny defense counsel to this stipulation reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and the defendants in a speedy trial.
The Court orders that the time from the date of the parties' stipulation, July 29, 2011, to and including August 23, 2011, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv), and Local Code T4 (reasonable time for defense counsel to prepare). It is further ordered that the August 8, 2011, status conference shall be continued until August 23, at 10:00 a.m.
IT IS SO ORDERED.
FRANK C DAMRELL, JR..
UNITED STATES DISTRICT JUDGE