Opinion
CR. No. 2:11-CR-00299 KJM 18 U.S.C. § 3161(h)
08-17-2011
UNITED STATES OF AMERICA, Plaintiff, v. VERNON JONES, Defendant.
BENJAMIN B. WAGNER United States Attorney TODD A. PICKLES Assistant U.S. Attorney For the United States of America DANIEL C. BRODERICK Federal Public Defender MATTHEW BOCKMON Assistant Public Defender For Defendant Vernon Jones
BENJAMIN B. WAGNER
United States Attorney
TODD A. PICKLES
Assistant U.S. Attorney
For the UNITED STATES OF AMERICA
STIPULATION AND ORDER TO CONTINUE
STATUS HEARING AND TO EXCLUDE TIME
UNDER THE SPEEDY TRIAL ACT
This case is currently scheduled for a status hearing on August 25, 2011. Counsel for the United States has communicated with counsel for defendant, and has been informed that counsel for defendant needs time to review the discovery that has provided in this case, including approximately 300 pages produced by the United States, which is necessary to prepare for his client's defense.
Based on these facts, the parties stipulate and agree that the trial delay and exclusion of time requested herein is necessary to provide defense counsel reasonable time to prepare his client's defense taking into account due diligence. 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. The parties, through their respective counsel, hereby stipulate and agree that the status conference scheduled in this case for August 25, 2011, should be continued until October 13, 2011 at 10:00 a.m. In addition, the parties stipulate that the time period from August 25, 2011, to October 13, 2011, should be excluded under the Speedy Trial Act, 18 U.S.C. §3161(h)(7)(A) and (B)(iv), and Local Code T4, due to the need to provide defense counsel with the reasonable time to prepare. A proposed order is attached and lodged separately for the Court's convenience.
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
TODD A. PICKLES
Assistant U.S. Attorney
For the United States of America
DANIEL C. BRODERICK
Federal Public Defender
MATTHEW BOCKMON
Assistant Public Defender
For Defendant Vernon Jones
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA, Plaintiff,
v.
VERNON JONES, Defendant.
CR. No. 2:11-CR-00299 KJM
ORDER TO CONTINUE STATUS HEARING
AND TO EXCLUDE TIME UNDER THE
SPEEDY TRIAL ACT
Based on the reasons set forth in the stipulation of the parties filed on August 15, 2011, and good cause appearing therefrom, the Court adopts the stipulation of the parties in its entirety.
IT IS HEREBY ORDERED that the status conference currently scheduled for Thursday, August 25, 2011, is VACATED and that the case is SET for a status hearing on October 13, 2011, at 10:00 a.m.
The Court further finds that the ends of justice that will be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. Accordingly, IT IS HEREBY ORDERED that, for the reasons stated in the parties' August 15, 2011, stipulation, the time within which the trial of this matter must be commenced under the Speedy Trial Act is EXCLUDED during the time period from August 25, 2011, through October 13, 2011, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), and Local Code T4, due to the need to provide defense counsel with the reasonable time to prepare taking into account due diligence.
IT IS SO ORDERED.
__________
UNITED STATES DISTRICT JUDGE