Opinion
Case No. 2:11-cr-00168-GEB
08-24-2011
UNITED STATES OF AMERICA, Plaintiff, v. BRIANT BENSON Defendant.
Mopsick & Williams, LLP Betty J. Williams (SB# 224793) Attorneys for Defendant
Mopsick & Williams, LLP
Betty J. Williams (SB# 224793)
Attorneys for Defendant
STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE
Stipulation
This is a tax evasion case involving the years 2004, 2005 and 2006. The Defendant previously supplied the first 1,500 pages of discovery on May 6, 2011 and subsequently supplied approximately 2,600 additional pages of discovery on June 15, 2011. Substantial additional discovery documents are anticipated by Defendant who is conducting his own investigation and reviewing the documents. There are numerous financial statements which must be verified or computed, in addition to preparing or amending tax returns which the Defendant will ultimately submit to the Internal Revenue Service. As noted in the SAR and discovery, this is a time-consuming operation because of the state of the financial records. Therefore, the parties, through undersigned counsel, stipulate that the status conference scheduled for August 26, 2011, may be continued to October 28, 2011 at 9:00 a.m.
The parties further stipulate that time may be excluded from the speedy trial calculation under the Speedy Trial Act through the new status conference date of October 28, 2011, pursuant to 18 U.S.C. §3161(h)(7)(B)(iv) and Local Code T4, for counsel preparation, because the interests of justice served by granting this continuance outweigh the interests of the defendant and the public in a speedy trial.
Plaintiff's counsel has authorized defense counsel to sign this stipulation on his behalf.
MOPSICK & WILLIAMS, LLP
Betty J. Williams
Attorney for Defendant
Deborah Murillo
BENJAMIN B. WAGNER
United States Attorney
R. Steven Lapham
Assistant U.S. Attorney
Order
Good cause appearing, the status conference scheduled for August 26, 2011 is ordered continued to October 28, 2011, at 9:00 a.m. The Court finds that the interests of justice served by granting this continuance outweigh the interests of the defendant and the public in a speedy trial. Therefore, time is excluded from the speedy trial calculation under the Speedy Trial Act through the new status conference date of October 28 , 2011, pursuant to 18 U.S.C. § 3161(h)(7)(A)&(B)(iv) and Local Code T4.
IT IS SO ORDERED.
GARLAND E. BURRELL, JR.
United States District Judge