Opinion
No. 2:09-CR-0513 MCE
10-27-2011
UNITED STATES OF AMERICA, Plaintiff, v. DALE R. FRISBEY, Defendants.
DANIEL J. BRODERICK Federal Defender TIMOTHY ZINDEL Assistant Federal Defender Attorney for DALE R. FRISBEY T. Zindel for M. Chastaine MICHAEL L. CHASTAINE Attorney for THOMAS G. COOPMAN T. Zindel for H. Gable HAYES H. GABLE, III Attorney for EDWIN B. TOOLE T. Zindel for R. Pachter RICHARD PACHTER Attorney for MONTGOMERY M. ATWATER BENJAMIN B. WAGNER United States Attorney T. Zindel for S. Wong SAMUEL WONG Assistant U.S. Attorney
DANIEL J. BRODERICK, Bar #89424
Federal Defender TIMOTHY ZINDEL, Bar #158377
Assistant Federal Defender
Attorney for Defendant
DALE R. FRISBEY
STIPULATION AND ORDER
CONTINUING STATUS CONFERENCE
AND EXCLUDING TIME
Date: October 27, 2011
Time: 9:00 a.m.
Judge: Hon. Morrison C. England
IT IS HEREBY STIPULATED AND AGREED between all defendants and plaintiff, United States of America, by and through their attorneys, that the hearing presently scheduled for October 27, 2011, may be continued to November 10, 2011, at 9:00 a.m.
The Court has previously found this case to be complex under the Speedy Trial Act due to the time-span of the charges, the filing of a parallel forfeiture action, and numerous searches involved in the investigation. The parties' discussions regarding resolution of the case have continued since the last status conference and additional research has been done. Also, counsel for Mr. Frisbey just returned from six weeks of medical leave and needs additional time to meet with Mr. Frisbey. To allow time for counsel to prepare and to allow time for all parties to complete their review and negotiations, the parties agree that additional preparation time is needed and that time under the Speedy Trial Act should be excluded from the date of this stipulation through November 10, 2011, pursuant to Title 18, United States Code, Section 3161(h)(7)(A), (h)(7)(B)(ii), and (h)(7)(B)(iv)(Local Codes T2 and T4).
Respectfully Submitted,
DANIEL J. BRODERICK
Federal Defender
TIMOTHY ZINDEL
Assistant Federal Defender
Attorney for DALE R. FRISBEY
T. Zindel for M. Chastaine
MICHAEL L. CHASTAINE
Attorney for THOMAS G. COOPMAN
T. Zindel for H. Gable
HAYES H. GABLE, III
Attorney for EDWIN B. TOOLE
T. Zindel for R. Pachter
RICHARD PACHTER
Attorney for MONTGOMERY M. ATWATER
BENJAMIN B. WAGNER
United States Attorney
T. Zindel for S. Wong
SAMUEL WONG
Assistant U.S. Attorney
ORDER
The Court having received, read, and considered the parties' stipulation, and good cause appearing therefrom, the Court adopts the stipulation in its entirety as its order. The status conference is continued to November 10, 2011, at 9:00 a.m. Based on the stipulation of the parties and the recitation of facts contained therein, the Court finds that it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in 18 U.S.C. § 3161 and that the case is unusual and complex within the meaning of the Speedy Trial Act. The Court finds that a continuance is necessary for the reasons stated above and further finds that the ends of justice served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. The Court finds that the failure to grant the requested continuance would deny the defendant's counsel reasonable time for effective preparation taking into account the exercise of due diligence. Time is therefore excluded from the date of the parties' stipulation through and including November 10, 2011, pursuant to 18 U.S.C. §3161(h)(7)(A),(h)(7)(b)(ii), and (h)(7)(B)(iv)(Local Codes T2 and T4).
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE