Opinion
Case No.: CR 11-0163 PSG
10-11-2011
UNITED STATES OF AMERICA, Plaintiff, v. RONALD EGBERT, Defendant.
BARRY J. PORTMAN Federal Public Defender LARA S. VINNARD Assistant Federal Public Defender Counsel for Defendant RONALD EGBERT JEFF SCHENK Assistant U.S. Attorney
BARRY J. PORTMAN
Federal Public Defender
LARA S. VINNARD
Assistant Federal Public Defender
Counsel for Defendant RONALD EGBERT
STIPULATION TO CONTINUE HEARING AND EXCLUDE TIME; [PROPOSED] ORDER
Honorable Paul S. Grewal
Defendant Ronald Egbert and the government, through their respective counsel, hereby stipulate that, subject to the Court's approval, the hearing in the above-captioned matter, presently scheduled for Friday, October 14, 2011 at 2:30 p.m., be continued to Friday, December 2, 2011, at 2:30 p.m. Investigation by the defense into Mr. Egbert's current and prior medical and psychiatric issues is ongoing. Mr. Egbert recently went on medical leave and is being referred to several specialists for evaluation. The parties further agree that time should be excluded under the Speedy Trial Act because the ends of justice served by granting the requested continuance outweigh the interest of the public and the defendant in a speedy trial. The failure to grant the requested continuance would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and would result in a miscarriage of justice. The parties therefore stipulate that this exclusion of time should be made under 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv).
LARA S. VINNARD
Assistant Federal Public Defender
JEFF SCHENK
Assistant U.S. Attorney
[PROPOSED] ORDER
The parties have jointly requested a continuance of the hearing set for Friday, October 14, 2011 at 2:30, to allow additional time for defense preparation and investigation. GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the hearing date presently set for October 14, 2011, be continued to Friday, December 2, 2011, at 2:30 p.m.
Accordingly, for good cause shown, the Court HEREBY ORDERS that time be excluded under the Speedy Trial Act from October 14 to December 2, 2011. The Court finds, based on the aforementioned reasons, that the ends of justice served by granting the requested continuance outweigh the interest of the public and the defendant in a speedy trial. The failure to grant the requested continuance would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and would result in a miscarriage of justice. The Court therefore concludes that this exclusion of time should be made under 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv).
PAUL S. GREWAL
United States Magistrate Judge