Opinion
2:22-mj-00926-BNW
02-03-2023
UNITED STATES OF AMERICA, Plaintiff, v. JEREMY JAMES JOHNSTON, Defendant.
RENE L. VALLADARES Federal Public Defender KEISHA K. MATTHEWS Assistant Federal Public Defender Attorney for Jeremy James Johnston JASON M. FRIERSON United States Attorney CHRISTOPHER BURTON Assistant United States Attorney
RENE L. VALLADARES Federal Public Defender KEISHA K. MATTHEWS Assistant Federal Public Defender Attorney for Jeremy James Johnston
JASON M. FRIERSON United States Attorney CHRISTOPHER BURTON Assistant United States Attorney
STIPULATION TO CONTINUE BENCH TRIAL (FIRST REQUEST)
IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson, United States Attorney, and Christopher B urton, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Keisha K. Matthews, Assistant Federal Public Defender, counsel for Jeremy James Johnston, that the bench trial currently scheduled on February 8, 2023, at the hour of 9:00 a.m., be vacated and continued to a date and time convenient to the Court, but no sooner than sixty (60) days.
This Stipulation is entered into for the following reasons:
1. There is outstanding discovery.
2. The parties need additional time to prepare for trial and consider potential nontrial dispositions.
3. The defendant is out of custody and agrees with the need for the continuance.
4. The parties agree to the continuance.
This is the first request for a continuance of the bench trial.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
FINDINGS OF FACT
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. There is outstanding discovery.
2. The parties need additional time to prepare for trial and consider potential nontrial dispositions
3. The defendant is out of custody and agrees with the need for the continuance.
4. The parties agree to the continuance.
CONCLUSIONS OF LAW
The ends of justice served by granting said continuance outweigh the best interest of the public and the defendant in a speedy trial, since the failure to grant said continuance would be likely to result in a miscarriage of justice, would deny the parties herein sufficient time and the opportunity within which to be able to effectively and thoroughly prepare for trial, taking into account the exercise of due diligence.
The continuance sought herein is excludable under the Speedy Trial Act, title 18, United States Code, Section 3161(h)(7)(A), when considering the facts under Title 18, United States Code, §§ 316(h)(7)(B) and 3161(h)(7)(B)(iv).
ORDER
IT IS THEREFORE ORDERED that the bench trial currently scheduled on Wednesday, February 8, 2023, at 9:00 a.m., be vacated and continued to April19, 2023at 9:00 a.m.