Opinion
NO. CR.S-11-068-MCE
09-28-2011
UNITED STATES OF AMERICA, Plaintiff, v. RAZHAM BROADNAX, Defendant.
DANIEL J. BRODERICK Federal Public Defender MATTHEW SCOBLE Designated Counsel for Service Attorney for RAZHAM BROADNAX BENJAMIN WAGNER United States Attorney WILLIAM WONG Assistant U.S. Attorney Attorney for Plaintiff
DANIEL J. BRODERICK, Bar #89424
Federal Defender
MATTHEW SCOBLE, Bar #237432
Designated Counsel for Service
Attorney for Defendant
RAZHAM BROADNAX
STIPULATION AND ORDER;
CONTINUING STATUS CONFERENCE
AND EXCLUDING TIME
Date: October 13, 2011
Time: 9:00 a.m.
Judge: Hon. Morrison C. England Jr.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, WILLIAM WONG, Assistant United States Attorney, attorney for Plaintiff, and MATTHEW SCOBLE, attorney for RAZHAM BROADNAX, that the status conference hearing date of September 29, 2011 be vacated, and the matter be set for status conference on October 13, 2011 at 9:00 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.
Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including October 13, 2011 pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Public Defender
MATTHEW SCOBLE
Designated Counsel for Service
Attorney for RAZHAM BROADNAX
BENJAMIN WAGNER
United States Attorney
WILLIAM WONG
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the September 29, 2011, status conference hearing be continued to October 13, 2011, at 9:00 a.m. Based on the representation of defense counsel and good cause appearing there from, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel 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 a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time up to and including the October 13, 2011 status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE