Opinion
Cr.S. 10-377-WBS
09-21-2011
UNITED STATES OF AMERICA, Plaintiff, v. JAMES BERGHUIS, Defendant.
DANIEL J. BRODERICK Federal Defender MATTHEW M. SCOBLE Assistant Federal Defender Attorney for Defendant JAMES BERGHUIS BENJAMIN B. WAGNER United States Attorney Matthew M. Scoble for: CAMIL SKIPPER Assistant U.S. Attorney Attorney for Plaintiff
DANIEL J. BRODERICK, Bar# 89424
Federal Defender
MATTHEW M. SCOBLE, Bar# 237432
Assistant Federal Defender
Attorney for Defendant
JAMES BERGHUIS
STIPULATION AND [PROPOSED]
ORDER CONTINUING STATUS
CONFERENCE
JUDGE: Hon. William B. Shubb
It is hereby stipulated and agreed to between the United States of America through CAMIL SKIPPER Assistant U.S. Attorney, and defendant, JAMES BERGHUIS by and through his counsel, MATTHEW M. SCOBLE Assistant Federal Defender, that the status conference set for Monday, September 26, 2011, be continued to Monday, November 7, 2011, at 8:30 a.m..
The reason for this continuance is to allow defense counsel additional time to review discovery with the defendant, to examine possible defenses and to continue investigating the facts of the case. This is a complex case with thousands of pages of discovery, comprised largely of financial records. The defense is actively trying to organize these materials and associate them with the relevant charges. Ultimately, this endeavor may require a forensic accountant, however, such services cannot be obtained until the defense has adequately prepared and investigated the case.
Speedy trial time is to be excluded from the date of this order through the date of the status conference set for November 7, 2011, pursuant to 18 U.S.C. §§ 3161 (h)(8)(B)(iv) [reasonable time to prepare] (Local Code T4).
Respectfully submitted,
DANIEL J. BRODERICK
Federal Defender
MATTHEW M. SCOBLE
Assistant Federal Defender
Attorney for Defendant
JAMES BERGHUIS
BENJAMIN B. WAGNER
United States Attorney
Matthew M. Scoble for:
CAMIL SKIPPER
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
IT IS HEREBY ORDERED that this matter is continued to Monday, November 7, 2011, at 8:30 a.m., for further status conference.
IT IS FURTHER ORDERED that pursuant to 18 U.S.C. §3161 (h)(7)(A) and (B)(iv) and Local Code T4, the period from the date of this stipulation, September 21, 2011, up to and including November 7, 2011, is excluded from the time computations required by the Speedy Trial Act due to ongoing preparation of counsel, and that the ends of justice served by this continuance outweigh the best interests of the public and the defendants in a speedy trial.
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE