Opinion
CASE NO. CR S 09-0066-GEB
08-11-2011
UNITED STATES OF AMERICA, Plaintiff, v. HAIYING FAN, et al., Defendants
BENJAMIN B. WAGNER United States Attorney PHILIP A. FERRARI Assistant U.S. Attorney SCOTT A. SUGARMAN Att'y for Mitchell B. Wright MICHAEL B. BIGELOW Att'y for Gary George KELLY BABINEAU Att'y for Haiying Fan
BENJAMIN B. WAGNER
United States Attorney
PHILIP A. FERRARI
Assistant U.S. Attorney
STIPULATION AND PROPOSED
ORDER VACATING STATUS
CONFERENCE AND SETTING JURY
TRIAL DATE
Time: 9:00 a.m.
Hon. Garland E. Burrell, Jr.
It is hereby stipulated and agreed to between the United States of America through PHILIP A. FERRARI, Assistant United States Attorney, and defendants MITCHELL WRIGHT, HAIYING FAN and GARY GEORGE, by and through their respective counsel, that the status conference in the above-captioned matter set for August 12, 2011, be vacated, that a jury trial be set to commence on March 20, 2012, at 9:00 a.m., and that a trial confirmation hearing be scheduled for March 2, 2012, at 9:00 a.m.
The parties further stipulate that the time period from August 12, 2011, up to and through the trial date of March 20, 2012, should be excluded from computation of the time for commencement of trial under the Speedy Trial Act. The parties stipulate that the ends of justice are served by the Court excluding such time, both for the purposes of continuity of counsel and so that each defense counsel may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). Specifically, the proposed trial date is requested in light of the trial schedules of counsel for defendant Fan and the government, and the fact that each defendant agrees that his or her counsel needs additional time to continue discussions with the government regarding potential resolution of the case, to review produced discovery in the case, and to effectively prepare for trial.
For these reasons, the defendants, defense counsel, and the government stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendants in a speedy trial. 18 U.S.C. § 3161(h)(7)(B)(iv) (Local Code T4).
Respectfully Submitted,
BENJAMIN B. WAGNER
United States Attorney
PHILIP A. FERRARI
Assistant U.S. Attorney
SCOTT A. SUGARMAN
Att'y for Mitchell B. Wright
MICHAEL B. BIGELOW
Att'y for Gary George
KELLY BABINEAU
Att'y for Haiying Fan
ORDER
IT IS ORDERED that the status conference currently set for August 12, 2011, is VACATED. It is further ORDERED that a jury trial in this matter shall commence on March 20, 2012, at 9:00 a.m., and that a trial confirmation hearing shall be held on March 2, 2012, at 9:00 a.m. For the reasons stipulated to by the parties, good cause exists pursuant to 18 U.S.C. §§ 3161(h)(7), and time is excluded under the Speedy Trial Act through March 20, 2012. For the reasons set forth in the stipulation, the interests of justice served by granting this continuance outweigh the best interests of the public and the defendants in a speedy trial. 18 U.S.C. § 3161(h)(7)(B)(iv) (Local Code T4).
IT IS SO ORDERED.
CARLAND E. BURRELL, JR.
United States District Judge