Opinion
NO. CR.S-11-034-LKK
09-01-2011
UNITED STATES OF AMERICA, Plaintiff, v. VICTOR HARMON, Defendant.
DANIEL J. BRODERICK Federal Public Defender COURTNEY FEIN Designated Counsel for Service Attorney for VICTOR HARMON BENJAMIN WAGNER United States Attorney WILLIAM WONG Assistant U.S. Attorney Attorney for Plaintiff
DANIEL J. BRODERICK, Bar #89424
Federal Defender
COURTNEY FEIN, Bar #244785
Designated Counsel for Service
Attorney for Defendant
VICTOR HARMON
AMENDED STIPULATION AND ORDER; CONTINUING STATUS CONFERENCE
AND EXCLUDING TIME
Judge: Hon. Lawrence K. Karlton
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, WILLIAM WONG, Assistant United States Attorney, attorney for Plaintiff, and COURTNEY FEIN, attorney for VICTOR HARMON, that the status conference/change of plea hearing date of September 7, 2011 be vacated, and the matter be set for status conference/change of plea on October 18, 2011 at 9:15 a.m.
The reason for this continuance is to allow defense counsel additional time to review a new development in the case with Mr. Harmon and assist him in deciding how to proceed.
Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including October 18, 2011 pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Public Defender
COURTNEY FEIN
Designated Counsel for Service
Attorney for VICTOR HARMON
BENJAMIN WAGNER
United States Attorney
WILLIAM WONG
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the September 7, 2011, status conference hearing be continued to October 18, 2011 at 9:15 a.m. Based on the representation of defense counsel 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 finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time up to and including the October 18, 2011 status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT