Opinion
No. CR 12-0061 EMC
05-15-2013
UNITED STATES OF AMERICA, Plaintiff, v. FRED LAMAR FINNEY, JOHN KELLER, CHARLES MENIFEE, JOHN WAYNE PRICE, and PRINCE LEE PRINCE, Defendants.
MELINDA HAAG United States Attorney KEVIN J. BARRY Assistant United States Attorney ERIK BABCOCK Attorney for FRED LAMAR FINNEY ALAN DRESSLER Attorney for JOHN KELLER ROGER PATTON Attorney for CHARLES MENIFEE FRANK BELL Attorney for JOHN WAYNE PRICE GAIL SCHIFFMAN Attorney for PRINCE LEE PRINCE
MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
KEVIN J. BARRY (CABN 229748)
Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102
Telephone: (415) 436-7200
Facsimile: (415) 436-7234
Email: kevin.barry@usdoj.gov
Attorneys for the United States of America
STIPULATION AND [PROPOSED]
ORDER CHANGING HEARING DATE
AND EXCLUDING TIME
The Court has set May 15, 2013 as the date for a status conference. The parties hereby request that the Court set the next status conference for June 26, 2013, and they request that the Court exclude the period from the date of this Order through June 26, 2013 from the time limits provided by 18 U.S.C. § 3161. This extension of time is necessary for effective preparation of counsel, to finalize discovery and plea offers.
The parties agree that the ends of justice served by granting such an exclusion of time outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).
SO STIPULATED:
MELINDA HAAG
United States Attorney
____________________________
KEVIN J. BARRY
Assistant United States Attorney
____________________________
ERIK BABCOCK
Attorney for FRED LAMAR FINNEY
____________________________
ALAN DRESSLER
Attorney for JOHN KELLER
____________________________
ROGER PATTON
Attorney for CHARLES MENIFEE
____________________________
FRANK BELL
Attorney for JOHN WAYNE PRICE
____________________________
GAIL SCHIFFMAN
Attorney for PRINCE LEE PRINCE
ATTESTATION OF FILER
In addition to myself, the signatories to this document are: Erik Babcock, Alan Dressler, Roger Patton, Frank Bell, and Gail Schiffman. I attest that I have their permission to make the request outlined above.
____________________________
KEVIN J. BARRY
Assistant United States Attorney
[PROPOSED] ORDER
For the reasons stated above, the Court sets June 26, 2013, as the date for a further status confernece. The Court finds that exclusion of the period from the date of this Order through June 26, 2013 from the time limits applicable under 18 U.S.C. § 3161 is warranted; that the ends of justice served by the continuance outweigh the interests of the public and the defendant in the prompt disposition of this criminal case; and that the failure to grant the requested exclusion of time would deny counsel for the defendant and for the government the reasonable time necessary for effective preparation and continuity of counsel, taking into account the exercise of due diligence, and would result in a miscarriage of justice. 18 U.S.C. §3161(h)(7)(B)(iv).
IT IS SO ORDERED. Defendant Elliot's status remains to be held on 5/15/13 at 2:30 p.m.
_____________________________________
HON. EDWARD M. CHEN
United States District Judge