Opinion
CASE NO. 2:11-MJ-274-DAD
09-29-2011
UNITED STATES OF AMERICA, Plaintiff, v. KINDE DURKEE Defendant.
Respectfully Submitted, BENJAMIN B. WAGNER United States Attorney By: JOHN K. VINCENT Assistant U.S.. Attorney By: DANIEL NIXON Attorney for Defendant By: KINDE DURKEE Defendant
BENJAMIN B. WAGNER
United States Attorney
JOHN K. VINCENT
Assistant U.S. Attorney
STIPULATION AND [PROPOSED] ORDER TO EXCLUDE TIME
The parties stipulate that the time between September 2, 2011 and October 19, 2011 should be excluded from the calculation of time under the Speedy Trial Act. The parties stipulate that the arrest in this case occurred at a time such that it is unreasonable to expect the return and filing of the indictment within 3 0 days of the date of the defendant's arrest, which occurred on September 2, 2011. 18 U.S.C. § 3161(h)(7)(B)(iii). The investigation is not complete, and the government is awaiting the production of additional, relevant materials that will assist it in the investigation. It will take time for government investigators to review, analyze, and synthesize the materials to be produced.
The parties further stipulate and agree that the ends of justice served by taking this action outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).
Respectfully Submitted,
BENJAMIN B. WAGNER
United States Attorney
By: JOHN K. VINCENT
Assistant U.S.. Attorney
By: DANIEL NIXON
Attorney for Defendant
By: KINDE DURKEE
Defendant
ORDER
For the reasons set forth above, AND GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED that the time between September 2, 2011 and October 19, 2011 shall be excluded from the calculation of time under the Speedy Trial Act in the above-captioned action. The Court finds that the ends of justice served by taking this action outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).
HON. DALE A. DROZD
U.S. Magistrate Judge