Opinion
NO. 2:06-cr-00107-KJM
08-01-2011
UNITED STATES OF AMERICA, Plaintiff, v. MELODI FAE HARRIS, Defendant.
DANIEL J. BRODERICK, Bar #89424 Federal Defender RACHELLE BARBOUR, Bar #185395 Research and Writing Attorney BENJAMIN GALLOWAY, Bar #214 997 Assistant Federal Defender Attorney for Defendant MELODI FAE HARRIS
DANIEL J. BRODERICK, Bar #89424
Federal Defender
RACHELLE BARBOUR, Bar #185395
Research and Writing Attorney
BENJAMIN GALLOWAY, Bar #214 997
Assistant Federal Defender
Attorney for Defendant
MELODI FAE HARRIS
AMENDED STIPULATION AND ORDER
Date: August 4, 2011
Time: 10:00 a.m. Judge: Hon. Kimberly J. Mueller
IT IS HEREBY STIPULATED by and between the parties through their respective counsel, JARED DOLAN, Assistant United States Attorney, for the government, RACHELLE BARBOUR, Research and Writing Attorney and BENJAMIN GALLOWAY, Assistant Federal Defender of the Federal Defender's Office, for Ms. HARRIS, that the hearing date of August 4, 2011, the TCH of August 25, 2011, and the jury trial date of September 12, 2011 be vacated, and that the following dates be set:
Reply to Motion to Dismiss. . . . . September 22, 2011 Motion to Dismiss Hearing . . . . . . . . . . September 29, 2011, at 10:00 a.m. Trial Confirmation Hearing . . . . October 13, 2011 at 10:00 a.m. Jury Trial . . . . . . . . . . November 7, 2011, at 9:00 a.m. The parties further stipulate that time should continue to beexcluded from the speedy trial calculation under the Speedy Trial Act through the jury trial date of November 7, 2011, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4, for counsel preparation, because the interests of justice served by granting this continuance outweigh the interests of the defendant and the public in a speedy trial, and pursuant to § 3161(h)(1)(D) and Local Code E, because of the pendency of the pretrial motion.
The reason for the continuance is that the Ninth Circuit has not yet ruled en banc in United States v. Havelock, 619 F.3d 1091, C.A. No. 08-10472 (9th Cir. 2010). That case was argued before the en banc panel on June 21, 2011. The resolution in that case will likely be dispositive regarding a majority of counts in this case, and therefore will control the disposition of the pending motion to dismiss. Havelock also changes the landscape of this case for trial. It will be extremely difficult and time-consuming to proceed to trial without finality regarding Havelock, and could result in substantial inefficiency and duplication of time and effort. Accordingly, the parties request that all the pending dates be continued to determine the final result in Havelock.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Defender
RACHELLE BARBOUR
Research and Writing Attorney
BENJAMIN GALLOWAY
Assistant Federal Defender
Attorneys for Defendant
MELODI HARRIS
BENJAMIN B. WAGNER
United States Attorney
JARED DOLAN
Assistant U.S. Attorney
ORDER
IT IS SO ORDERED. The interests of justice served by granting this continuance outweigh the interests of the defendant and the public in a speedy trial. See 18 U.S.C. § 3161(h)(1)(D) and Local Code E.
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UNITED STATES DISTRICT JUDGE