Opinion
Cr.S. 11-0089-LKK
10-13-2011
DANIEL J. BRODERICK Federal Defender MATTHEW M. SCOBLE Assistant Federal Defender Attorney for Defendant ULAND LEFRANK COLON BENJAMIN B. WAGNER United States Attorney TODD LERAS 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
ULAND LEFRANK COLON
STIPULATION AND ORDER
DATE: December 6, 2011
TIME: 9:15 a.m.
JUDGE: Hon. Lawrence K. Karlton
It is hereby stipulated and agreed to between the United States of America through TODD LERAS, Assistant U.S. Attorney, and defendant, ULAND LEFRANK COLON, by and through his counsel, MATTHEW M. SCOBLE, Assistant Federal Defender, that the status conference set for Tuesday, October 13, 2011, be continued to Tuesday, December 6, 2011, at 9:15 a.m..
The reason for this continuance is to allow defense counsel additional time to review discovery with the defendants, to examine possible defenses and to continue investigating the facts of the case.
It is further stipulated that the time period from the date of this stipulation, through and including the date of the new status conference hearing, December 6, 2011, 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)& (B)(iv)and Local Code T4 [reasonable time for defense counsel to prepare].
Respectfully submitted,
DANIEL J. BRODERICK
Federal Defender
MATTHEW M. SCOBLE
Assistant Federal Defender
Attorney for Defendant
ULAND LEFRANK COLON
BENJAMIN B. WAGNER
United States Attorney
TODD LERAS
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
Based on the stipulation of the parties and good cause appearing therefrom, the Court hereby adopts the stipulation of the parties in its entirety as its order. It is hereby ordered that the presently set October 18, 2011, status conference shall be continued to December 6, 2011, at 9:15 a.m. It is further ordered that the time period from the date of the parties' stipulation, through and including the date of the new status conference hearing, December 6, 2011, 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)&(B)(iv) and Local Code T4 [reasonable time for defense counsel to prepare].
Based on the stipulation of the parties and good cause appearing therefrom, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time for effective preparation taking into account the exercise of due diligence. The Court specifically finds that the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendants in a speedy trial.
IT IS SO ORDERED.
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT