Opinion
NO. CR.S. 09-0488-MCE
10-13-2011
UNITED STATES OF AMERICA, Plaintiff, v. DERRICK KENNEDY, Defendant.
DANIEL J. BRODERICK Federal Defender DENNIS S. WAKS Supervising Assistant Federal Defender Attorney for Defendant DERRICK KENNEDY BENJAMIN B. WAGNER United States Attorney Dennis S. Waks for MICHELLE PRINCE Assistant United States Attorney
DANIEL J. BRODERICK, Bar #89424
Federal Defender
DENNIS S. WAKS, Bar #142581
Supervising Assistant Federal Defender
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: (916) 498-5700
Attorney for Defendant
DERRICK KENNEDY
STIPULATION AND ORDER RE:
CONTINUANCE OF STATUS HEARING AND
FINDINGS OF EXCLUDABLE TIME
JUDGE: Hon. Morrison C. England Jr.
DERRICK KENNEDY, by and through his counsel, DENNIS S. WAKS,
Supervising Assistant Federal Defender, and the United States Government, by and through its counsel, MICHELLE PRINCE, Assistant United States Attorney, hereby agree that the status conference set for October 13, 2011, be continued to a status conference on December 1, 2011, at 9:00 a.m. This continuance is being requested because counsel for the defendant requires additional time to obtain and review discovery, continue our investigation, and to interview our client and other witnesses. The parties in this case are attempting to reach a negotiated disposition. The defendant in this case consents to this continuance.
Counsel, along with the defendant agree that the time from the date of this order through December 1, 2011, should be excluded in computing the time within which trial must commence under the Speedy Trial Act, §§3161(h)(7)(A)and(B)(iv) and Local Code T4. [reasonable time to prepare].
The Court finds that the ends of justice to be served by granting a continuance outweigh the best interest of the public and the defendant in a speedy trial.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Defender
DENNIS S. WAKS
Supervising Assistant Federal Defender
Attorney for Defendant
DERRICK KENNEDY
BENJAMIN B. WAGNER
United States Attorney
Dennis S. Waks for
MICHELLE PRINCE
Assistant United States Attorney
ORDER
GOOD CAUSE APPEARING, pursuant to the stipulation of the parties, and specifically because this Court finds that the ends of justice served by granting a continuance in this case outweigh the best interest of the public and the defendant in a speedy trial, the October 13, 2011 hearing is vacated and the matter is re-set for status conference on December 1, 2011 at 9:00am. Time from the date of this Order through December 1, 2011 is excluded from the Speedy Trial Act.
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE