Opinion
NO. CR-S-11-251 GEB
08-26-2011
UNITED STATES OF AMERICA, Plaintiff, v. JAMES DOMBECK, Defendant.
DANIEL J. BRODERICK, Bar #89424 Federal Defender LEXI NEGIN, Bar # 250376 Assistant Federal Defender Designated Counsel for Service Attorney for Defendant JAMES DOMBECK
DANIEL J. BRODERICK, Bar #89424 Federal Defender
LEXI NEGIN, Bar # 250376
Assistant Federal Defender Designated Counsel for Service
Attorney for Defendant
JAMES DOMBECK
STIPULATION AND [PROPOSED] ORDERTO CONTINUE STATUS CONFERENCE AND TO EXCLUDE TIME
Date: October 14, 2011
Time: 9:00 a.m.
Judge: Garland E. Burrell, Jr.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Kyle Reardon, Assistant United States Attorney, attorney for Plaintiff, and Lexi Negin, Assistant Federal Defender, attorney for Defendant, JAMES DOMBECK, that the status conference hearing date of Friday, August 26, 2011, be vacated and a new status conference hearing date of Friday, October 14, 2011, at 9:00 a.m., be set.
The reason for this continuance is because additional time is needed for defense preparation and meetings between the parties with the goal being to resolve the case by way of a disposition.
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 October 14, 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
by granting the continuance outweigh the best interest of the public and the defendant to a speedy trial.
Respectfully submitted,
DANIEL J. BRODERICK Federal Defender
LEXI NEGIN
Assistant Federal Defender
Attorney for Defendant
JAMES DOMBECK
BENJAMIN B. WAGNER
United States Attorney
KYLE REARDON
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
Based on the reasons set forth in the stipulation of the parties filed on August 26, 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 currently scheduled for Friday, August 26, 2011, be vacated and that the case be set for Friday, October 14, 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 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 October 14, 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.
GARLAND E. BURRELL, JR.
United States District Judge