Opinion
No. Cr.S. 09-397-JAM
08-04-2011
UNITED STATES OF AMERICA, Plaintiff, v. JAMES RICHARD GILES, Defendant.
Respectfully submitted, DANIEL BRODERICK Federal Defender BENJAMIN GALLOWAY Assistant Federal Defender Attorney for Defendant BENJAMIN B. WAGNER United States Attorney SAMUEL WONG Assistant U.S. Attorney Attorney for Plaintiff
DANIEL BRODERICK, Bar #89424
Federal Defender
BENJAMIN GALLOWAY, Bar #214897
Assistant Federal Defender
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: (916) 498-5700
Attorney for Defendant
JAMES RICHARD GILES
STIPULATION AND ORDER TO CONTINUE
STATUS CONFERENCE
Judge: John A. Mendez
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, SAMUEL WONG, Assistant United States Attorney, attorney for plaintiff, and BENJAMIN GALLOWAY, Assistant Federal Defender, attorney for defendant, that the status conference set for August 9, 2011, at 9:30 a.m., be rescheduled to September 20, 2011, at 9:30 a.m..
The parties are engaged in settlement discussions and are attempting to work out, if possible, an agreement on the applicable Sentencing Guidelines and a possible pretrial resolution of this case. Additional time is needed to complete that process and defense counsel will need additional time to explain the terms and consequences contained in any anticipated plea agreement to his client so that the client can intelligently decide how to proceed in this case.
The parties agree that: (1) time under the Speedy Trial Act should be excluded from the date of this stipulation, August 4, 2011, through and including September 20, 2011, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), for preparation of defense counsel, and Local Code T4; and (2) the ends of justice served by the granting of the requested continuance outweigh the interests of the public and defendant in a speedy trial.
Respectfully submitted,
DANIEL BRODERICK
Federal Defender
BENJAMIN GALLOWAY
Assistant Federal Defender
Attorney for Defendant
BENJAMIN B. WAGNER
United States Attorney
SAMUEL WONG
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
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, August 4, 2011, through and including September 20, 2011, pursuant to 18 U.S.C. §3161(h)(7)(A) and (B)(iv) [reasonable time for defense counsel to prepare] and Local Code T4. A new status conference date is hereby set for September 20, 2011, at 9:30 a.m..
JOHN A. MENDEZ
United States District Judge