Opinion
NO. CR.S-11-233-MCE
10-06-2011
UNITED STATES OF AMERICA, Plaintiff, v. ROBERT HARPER, Defendant.
DANIEL J. BRODERICK Federal Public Defender MATTHEW SCOBLE Designated Counsel for Service Attorney for ROBERT HARPER BENJAMIN WAGNER United States Attorney Matthew Scoble for SAMUEL WONG Assistant U.S. Attorney Attorney for Plaintiff
DANIEL J. BRODERICK, Bar #89424
Federal Defender
MATTHEW SCOBLE, Bar #237432
Designated Counsel for Service
Attorney for Defendant
ROBERT HARPER
STIPULATION AND ORDER;
CONTINUING STATUS CONFERENCE
AND EXCLUDING TIME
Date: November 17, 2011
Time: 9:00 a.m.
Judge: Hon. Morrison C. England Jr.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, SAMUEL WONG, Assistant United States Attorney, attorney for Plaintiff, and MATTHEW SCOBLE, attorney for ROBERT HARPER, that the status conference hearing date of October 13, 2011 be vacated, and the matter be set for status conference on November 17, 2011 at 9:00 a.m.
The reason for this continuance is to allow defense counsel additional time to review discovery with the defendant, to examine possible defenses, and to continue investigating the facts of the case. These tasks are made more difficult as potential witnesses are located in various parts of the world, including northern and southern California, New York, Ohio, Thailand, and Poland.
The parties agree and stipulate the ends of justice served by the granting of such a continuance outweigh the best interests of the public and the defendant in a speedy trial and that time within which the trial of this case must be commenced under the Speedy Trial Act should therefore be excluded under 18 U.S.C. section 3161(h)(7)(A) and (B)(iv), corresponding to Local Code T-4 to allow defense counsel reasonable time to prepare, from the date of the parties' stipulation, October 4, 2011, to and including November 17, 2011. The parties further stipulate and agree that the failure to grant the requested continuance in this case would deny counsel for defendant reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Public Defender
MATTHEW SCOBLE
Designated Counsel for Service
Attorney for ROBERT HARPER
BENJAMIN WAGNER
United States Attorney
Matthew Scoble for
SAMUEL WONG
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
UPON GOOD CAUSE SHOWN, the Court adopts the stipulation of the parties in its entirety as its Order. It is ordered that the October 13, 2011, status conference hearing shall be continued to November 17, 2011, at 9:00 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 beginning from the parties' stipulation, October 4, 2011, up to and including the November 17, 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.
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE