Opinion
HEATHER E. WILLIAMS, Federal Defender, LINDA HARTER, Assistant Federal Defender, SONIA ZAHEER, Certified Student Attorney, Designated Counsel for Service, Sacramento, CA, Attorneys for Defendant, MARY E. HAWKINS.
BENJAMIN B. WAGNER, United States Attorney, LAURA HUGGINS Special Assistant United States Attorney, Attorney for Plaintiff.
STIPULATION AND ORDER TO CONTINUE CHANGE OF PLEA AND SENTENCING DATE, AND EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT
KENDALL J. NEWMAN, Magistrate Judge.
IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto through their respective counsel, LAURA HUGGINS, Special Assistant United States Attorney, attorney for Plaintiff, and LINDA HARTER, attorney for defendant, MARY E. HAWKINS, and Certified Student Attorney, SONIA ZAHEER, that the Court continue the change of plea hearing, currently scheduled for March 18, 2015 at 9:00 a.m., to April 8, 2015 at 9:00 a.m. Ms. Hawkins requires this continuance as she is suffering from poor physical and mental health, and is facing severe financial hardship. These events were triggered by the death of her husband, David Mojarro, on February 8, 2015.
Additionally, the parties agree that the time period from the date of the defendant's initial appearance and arraignment, January 13, 2015, through and including the newly-proposed date for change of plea and sentencing, April 8, 2015, shall be excluded from computation of the 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, to allow defense to prepare its case. Therefore, the parties stipulate that the Court shall find that the ends of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial.
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.
It is hereby ordered that the change of plea and sentencing date, currently set for March 18, 2015, at 9:00 a.m., be continued to April 8, 2015, at 9:00 a.m.
It is further ordered that the time period from the date of the defendant's initial appearance and arraignment, January 13, 2015, through and including the newly-proposed date for change of plea and sentencing, April 8, 2015, shall be excluded from computation of the 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. The Court finds that (1) the failure to grant the requested continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence; and (2) 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.
IT IS SO ORDERED.