Opinion
Case No. 2:11-CR-00233-MCE
07-17-2012
UNITED STATES OF AMERICA, Plaintiff, v. ROBERT MATHEW HARPER, Defendant.
BENJAMIN B. WAGNER United States Attorney SAMUEL WONG Assistant U.S. Attorney
BENJAMIN B. WAGNER
United States Attorney
SAMUEL WONG
Assistant U.S. Attorney
STIPULATION AND ORDER
CONTINUING STATUS CONFERENCE
DATE AND EXCLUDING TIME
UNDER THE SPEEDY TRIAL ACT
Date: July 19, 2012
Court: Hon. Morrison England
It is hereby stipulated and agreed by and between plaintiff United States of America, on the one hand, and defendant Robert Mathew Harper, on the other hand, through their respective attorneys, that: (1) the presently set July 19, 2012, status conference hearing shall be continued to August 2, 2012, at 9:00 a.m.; and (2) time from the date of the parties' stipulation, July 13, 2012, through, and including, August 2, 2012, 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 T4, both pertaining to continuity of counsel for the United States.
The undersigned counsel for the United States represents that he is unavailable for a status conference on July 19, 2012, as he must attend to the care of a family member who will be undergoing a medical procedure that day, but will be available on August 2, 2012. Defense counsel has advised that defendant Harper will be entering a change of plea pursuant to a Plea Agreement between the parties at the August 2, 2012, hearing. Counsel for the United States believes that it is necessary for him to attend the change of plea hearing as the factual basis for Harper's guilty plea is factually complicated and would be difficult for another prosecutor who is unfamiliar with the case to handle without a very significant amount of preparation.
Accordingly, the parties stipulate and agree that there is good cause to continue the presently set July 19, 2012, status conference hearing to August 2, 2012. Based on these facts, the parties stipulate and agree that the trial delay and exclusion of time requested herein is necessary to provide continuity of counsel for the United States. The parties further stipulate and agree that the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and the defendant in a speedy trial.
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MATTHEW SCOBLE
Assistant Federal Defender
Attorney for defendant
Robert Mathew Harper
(per email authorization)
BENJAMIN B. WAGNER
UNITED STATES ATTORNEY
By: _______________
SAMUEL WONG
Assistant U.S. Attorney
ORDER
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. Based on the stipulation of the parties and the recitation of facts contained therein, the Court finds that the failure to grant a continuance in this case would deny the United States continuity of counsel. The Court finds that the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and the defendant in a speedy trial.
The Court orders that the July 19, 2012, status conference date shall be continued to August 2, 2012, at 9:00 a.m. The Court orders that the time from the date of the parties' stipulation, July 13, 2012, to and including the new August 2, 2012, status conference date shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), and Local Code T4, both pertaining to continuity of counsel for the United States.
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MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE