Opinion
No. 2:09-CR-0426-GEB
08-25-2011
UNITED STATES OF AMERICA, Plaintiff, v. JONATHAN FARRELL, Defendant.
ZENIA K. GILG, SBN 171922 Attorneys for Defendant JONATHAN FARRELL
ZENIA K. GILG, SBN 171922
Attorneys for Defendant
JONATHAN FARRELL
STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE THE STATUS CONFERENCE
The parties request that the status conference currently set for August 26, 2011, be continued to September 16, 2011, and stipulate that the time beginning August 26, 2011, and extending through September 16, 2011, should be excluded from the calculation of time under the Speedy Trial Act. The parties submit that the ends of justice are served by the Court excluding such time, so that counsel for each defendant 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); Local Code T4.
The parties are in the process of discussing and negotiating a resolution to this case. However, the defendant will need time to consider any offer made by the government in light of the discovery. As such, the attorneys need more time to prepare, which will include reviewing discovery, considering new evidence that may affect the disposition of this case, conducting necessary legal research and investigation, and deciding how to proceed.
The parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(B)(iv).
Respectfully Submitted,
ZENIA K. GILG
Attorney for defendant
Jonathan Farrell
MICHAEL M. BECKWITH
Assistant U.S. Attorney
ORDER
For the reasons stated above, the status conference in case number 2:09-CR-0426-GEB, currently set for August 26, 2011, is continued to September 16, 2011; and the time beginning August 26, 2011, and extending through September 16, 2011, is excluded from the calculation of time under the Speedy Trial Act for effective defense preparation. The Court finds that interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(B)(iv).
IT IS SO ORDERED.
GARLAND E. BURRELL, JR.
United States District Judge