Opinion
CR. 2:11-CR-006 WBS
10-14-2011
UNITED STATES OF AMERICA, Plaintiff, v. EDWARD JAY BORING, Defendant.
BENJAMIN B. WAGNER United States Attorney KYLE REARDON Assistant U.S. Attorney Kyle Reardon for TIMOTHY ZINDEL Attorney for the Defendant
BENJAMIN B. WAGNER
United States Attorney
KYLE REARDON
Assistant U.S. Attorney
STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE
Court: Hon. William B. Shubb
The parties request that the status conference currently set for Monday, October 17, 2011, at 9:30 a.m., be continued to Monday, November 14, 2011, at 9:30 a.m., and stipulate that the time beginning October 17, 2011, and extending through November 14, 2011, should be excluded from the calculation of time under the Speedy Trial Act. 18 U.S.C. § 3161.
The defendant is currently held in San Joaquin County jail pending his trial on multiple counts of sexual molestation. Resolution of the federal trial will be affected by the results of the state proceeding.
In addition, Defense Counsel is currently unavailable due to medical issues.
Accordingly, the parties believe that the continuance should be excluded from the calculation of time under the Speedy Trial Act. The additional time is necessary to allow the current state court proceeding to conclude, 18 U.S.C. § 3161(h)(1)(B); and to permit continuity of counsel, id. at (7)(B)(iv). The interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).
Respectfully Submitted,
BENJAMIN B. WAGNER
United States Attorney
By: KYLE REARDON
Assistant U.S. Attorney
By: Kyle Reardon for
TIMOTHY ZINDEL
Attorney for the Defendant
ORDER
The status conference in case number 2:11-CR-006 WBS, currently set for Monday, October 17, 2011, at 9:30 a.m., is continued to Monday, November 14, 2011, at 9:30 a.m., and the time beginning October 17, 2011, and extending through November 14, 2011, is excluded from the calculation of time under the Speedy Trial Act in accordance with 18 U.S.C. § 3161. The additional time is necessary to allow the current state court proceeding to conclude, 18 U.S.C. § 3161(h)(1)(B); and to permit continuity of counsel, id. at (7)(B)(iv). The interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial.
IT IS SO ORDERED.
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE