Opinion
2:11-CR-00213 JAM
08-08-2011
UNITED STATES OF AMERICA, Plaintiff, v. ANTHONY C. CAVANESS, Defendant.
ERIN J. RADEKIN Attorney at [up]Law - sbn[/up] 214964 Attorney for Defendant ANTHONY C. CAVANESS
ERIN J. RADEKIN
Attorney at LAW - SBN 214964
Attorney for Defendant
ANTHONY C. CAVANESS
STIPULATION AND ORDER TO
CONTINUE STATUS CONFERENCE
STIPULATION
Plaintiff, United States of America, by and through its counsel, Assistant United States Attorney Jason Hitt, and defendant, Anthony C. Cavaness, by and through his counsel, Erin J. Radekin, agree and stipulate to vacate the date set for status conference, August 9, 2011 at 9:30 a.m., in the above-captioned matter, and to continue the status conference to September 27, 2011 at 9:30 a.m. in the courtroom of the Honorable John A. Mendez.
The reason for this request is that additional time is needed by the defense to review discovery and for other defense preparation, and for the parties to engage in plea negotiations. The Court is advised that Mr. Hitt concurs with this request and has authorized Ms. Radekin to sign this stipulation on his behalf.
The parties further agree and stipulate that the time period from the filing of this stipulation until September 27, 2011 should be excluded in computing time for commencement of trial under the Speedy Trial Act, based upon the interest of justice under 18 U.S.C. § 3161(h)(7)(B)(iv), and Local Code T4, to allow continuity of counsel and to allow reasonable time necessary for effective defense preparation. It is further agreed and stipulated that the ends of justice served in granting the request outweigh the best interests of the public and the defendant in a speedy trial.
Accordingly, the parties respectfully request the Court adopt this proposed stipulation. IT IS SO STIPULATED
BENJAMIN WAGNER
United States Attorney
By: JASON HITT
Assistant United States Attorney
ERIN J. RADEKIN
Attorney for Defendant
ANTHONY C. CAVANESS
ORDER
For the reasons set forth in the accompanying stipulation and declaration of counsel, the status conference date of August 9, 2011 at 9:30 a.m. is VACATED and the above-captioned matter is set for status conference on September 27, 2011 at 9:30 a.m. The Court finds excludable time in this matter through September 27, 2011 under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4, to allow continuity of counsel and to allow reasonable time necessary for effective defense preparation. For the reasons stipulated by the parties, the Court finds that the interest of justice served by granting the request outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. §§ 3161(h)(7)(A), (h)(7)(B)(iv).
IT IS SO ORDERED.
HON. JOHN A. MENDEZ
United States District Judge