Opinion
CR NO. S-08-363 GEB
01-18-2012
UNITED STATES OF AMERICA, Plaintiff, v. David Forkner, Defendants.
John R. Manning Attorney at Law Ca. St. Bar No. 220874 Attorney for Defendant David Robbie Forkner Benjamin B. Wagner United States Attorney MICHAEL M. BECKWITH Assistant U.S. Attorney
John R. Manning
Attorney at Law
Ca. St. Bar No. 220874
Attorney for Defendant
David Robbie Forkner
STIPULATION AND
ORDER CONTINUING
STATUS CONFERENCE
Date: January 27, 2012
Time: 9:00 a.m.
Judge: Hon. Garland E.
Burrell, Jr.
IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Michael M. Beckwith, Assistant United States Attorney, together with counsel for defendant David Forkner, John R. Manning Esq., that the status conference currently set for January 20, 2012, be continued to January 27, 2012, at which time the defendant anticipates entering a change of plea. The parties also stipulate that the time beginning January 18, 2012, and extending through January 27, 2012, should be excluded from the calculation of time under the Speedy Trial Act. The parties request to exclude time for defense preparation. The defense requests more time to review and discuss the proposed plea agreement.
The parties 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 USC § 3161(h)(7)(B)(iv) and (Local T-4).
IT IS SO STIPULATED.
_________________________
JOHN R. MANNING
Attorney for Defendant
David Robbie Forkner
Benjamin B. Wagner
United States Attorney
by: _________________________
MICHAEL M. BECKWITH
Assistant U.S. Attorney
UNITED STATES OF AMERICA, Plaintiff,
v.
David Forkner, Defendants.
Case No. CR.S 08-363 GEB
ORDER TO CONTINUE
STATUS CONFERENCE
Based on the stipulation of the parties and good cause appearing therefrom, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court specifically finds that the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendant in a speedy trial. Based on these findings and pursuant to the stipulation of the parties, the Court hereby adopts the stipulation of the parties in its entirety as its order. Time is excluded from computation of time within which the trial of this matter must be commenced beginning from the date of the stipulation, January 18, 2012, through and including January 27, 2012, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) [reasonable time for defense counsel to prepare] and Local Code T4. It is further ordered that the January 20, 2012 status conference shall be continued until January 27, 2012, at 9:00a.m.
IT IS SO ORDERED.
_________________________
GARLAND E. BURRELL, JR.
United States District Judge