Opinion
NO. CR-S-11-272 MCE
10-25-2011
UNITED STATES OF AMERICA, Plaintiff, v. JOHN GEORGE COULTER, JR., Defendant.
DANIEL J. BRODERICK Federal Defender MATTHEW C. BOCKMON Assistant Federal Defender Attorney for Defendant JOHN GEORGE COULTER, JR. BENJAMIN B. WAGNER United States Attorney Matthew C. Bockmon for SAMANTHA SUE SPANGLER Assistant U.S. Attorney Attorney for Plaintiff
DANIEL J. BRODERICK, Bar #89424
Federal Defender
MATTHEW C. BOCKMON, Bar # 161566
Assistant Federal Defender
Designated Counsel for Service
Attorney for Defendant
JOHN GEORGE COULTER, JR.
STIPULATION AND ORDER TO CONTINUE
STATUS CONFERENCE AND TO EXCLUDE
TIME
Date: November 17, 2011
Time: 9:00 a.m.
Judge: Morrison C. England, Jr.
It is hereby stipulated and agreed to by and between the United States of America, through Samantha Sue Spangler, Assistant U.S. Attorney, and defendant, JOHN GEORGE COULTER, JR., by and through his counsel, Matthew C. Bockmon, Assistant Federal Defender, that the status conference hearing date of Thursday, October 20, 2011, be vacated and a new status conference hearing date of Thursday, November 17, 2011, at 9:00 a.m., be set.
The reason for this continuance is to allow defense counsel additional time to review a recently received plea offer with the client, who resides out of state.
It is further stipulated that the time for trial under the Speedy Trial Act should be excluded from the date of the signing of this order through and including November 17, 2011, pursuant to 18 U.S.C. §3161(h)(7)(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
MATTHEW C. BOCKMON
Assistant Federal Defender
Attorney for Defendant
JOHN GEORGE COULTER, JR.
BENJAMIN B. WAGNER
United States Attorney
Matthew C. Bockmon for
SAMANTHA SUE SPANGLER
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
Based on the reasons set forth in the stipulation of the parties filed on October 25, 2011, and good cause appearing therefrom, the Court adopts the stipulation of the parties in its entirety. IT IS HEREBY ORDERED that the status conference hearing currently scheduled for Thursday, October 20, 2011, be vacated and that the case be set for status conference hearing on Thursday, November 17, 2011, 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' October 25, 2011, 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 November 17, 2011, pursuant to 18 U.S.C. §3161(h)(7)(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.
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE