Opinion
NO. CR.S-11-077-WBS
01-09-2012
DANIEL J. BRODERICK Federal Public Defender MATTHEW M. SCOBLE Assistant Federal Defender Attorney for CHRISTOPHER TABOR PETER KMETO Assistant for Defendant JASPREET DHADDA MICHAEL BIGELOW Assistant for Defendant JAIME MAROTTE BENJAMIN WAGNER United States Attorney Matthew Scoble for JASON HITT Assistant U.S. Attorney Attorney for Plaintiff
DANIEL J. BRODERICK, Bar #89424
Federal Defender
MATTHEW M. SCOBLE, Bar #237432
Designated Counsel for Service
Attorney for Defendant
CHRISTOPHER TABOR
STIPULATION AND [PROPOSED] ORDER; CONTINUING STATUS CONFERENCE AND EXCLUDING TIME
Judge: Hon. William B. Shubb
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, JASON HITT, Assistant United States Attorney, attorney for Plaintiff, and attorney PETER KMETO, Counsel for JASPREET DHADDA, and attorney MATTHEW SCOBLE, Counsel for CHRISTOPHER TABOR, and attorney MICHAEL BIGELOW, Counsel for JAIME MAROTTE that the status conference hearing date of January 9, 2012 be vacated, and the matter be set for status conference on February 6, 2012 at 9:30 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. 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 February 6, 2012 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
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MATTHEW M. SCOBLE
Assistant Federal Defender
Attorney for CHRISTOPHER TABOR
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PETER KMETO
Assistant for Defendant
JASPREET DHADDA
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MICHAEL BIGELOW
Assistant for Defendant
JAIME MAROTTE
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BENJAMIN WAGNER
United States Attorney
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Matthew Scoble for
JASON HITT
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the January 9, 2012, status conference hearing be continued to February 6, 2012 at 9:30 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 defendants in a speedy trial. It is ordered that time up to and including the February 6, 2012 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.
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WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE