Opinion
CASE NO. CR-S-11-272 MCE
07-05-2012
UNITED STATES OF AMERICA, Plaintiff, v. JOHN GEORGE COULTER, JR., Defendant.
DANIEL J. BRODERICK, Bar #89424 Federal Defender MATTHEW C. BOCKMON, Bar # 161566 Assistant Federal Defender Attorney for Defendant JOHN GEORGE COULTER, JR.
DANIEL J. BRODERICK, Bar #89424
Federal Defender
MATTHEW C. BOCKMON, Bar # 161566
Assistant Federal Defender
Attorney for Defendant
JOHN GEORGE COULTER, JR.
STIPULATION AND ORDER TO CONTINUE
CHANGE OF PLEA HEARING AND TO
EXCLUDE TIME
Date : July 19, 2012
Judge: Morrison C. England, Jr.
It is hereby stipulated and agreed to by and between the United States of America, through Samantha Spangler, Assistant U.S. Attorney, and defendant, JOHN GEORGE COULTER, JR., by and through his counsel, Matthew C. Bockmon, Assistant Federal Defender, that the change of plea hearing currently set for Thursday, July 5, 2012, be vacated and a new change of plea hearing date of Thursday, July 19, 2012, at 9:00 a.m., be set.
The reason for this continuance is because additional time is needed for defense preparation regarding defendant's competency to enter a guilty plea. Mr. Coulter's family recently provided defense counsel with information concerning his health, and written documentation from the Department of Veterans Affairs was subsequently received on June 26, 2012.
It is further stipulated that the time period from the date of this stipulation, July 2, 2012, through and including the date of the new change of plea hearing, July 19, 2012, shall be excluded under the Speedy Trial Act 18 U.S.C. §3161(h)(7)(A) and (B)(iv) [reasonable time to prepare] and Local Code T4, and that the ends of justice to be served in granting the continuance and allowing the defendant further time to prepare outweigh the best interest of the public and the defendant to a speedy trial.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Defender
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MATTHEW C. BOCKMON
Assistant Federal Defender
Attorney for Defendant
JOHN GEORGE COULTER, JR.
BENJAMIN B. WAGNER
United States Attorney
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SAMANTHA SPANGLER
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
Based on the reasons set forth in the stipulation of the parties filed on July 5, 2012, and good cause appearing therefrom, the Court adopts the stipulation of the parties in its entirety. IT IS HEREBY ORDERED that the change of plea hearing currently set for Thursday, July 5, 2012, be vacated and that the case be set for Thursday, July 19, 2012, at 9:00 a.m. 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. Accordingly, IT IS HEREBY ORDERED that, for the reasons stated in the parties' July 5, 2012, stipulation, the time within which the trial of this matter must be commenced under the Speedy Trial Act is excluded during the time period of today's date, through and including July 19, 2012, pursuant to 18 U.S.C. §3161(h)(7)(A) and (B)(iv) and Local Code T4, due to the need to provide defense counsel with the reasonable time to prepare taking into account due diligence.
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MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE