Opinion
STEVEN G. KALAR, Federal Public Defender, HEATHER M. ANGOVE, Assistant Federal Public Defender, San Jose, CA, Counsel for Defendant, KENNETH KEZEOR.
DAVID R. CALLAWAY, Assistant United States Attorney.
STIPULATION TO CONTINUE STATUS HEARING AND EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT; ORDER
BETH LABSON FREEMAN, District Judge.
Defendant Kenneth Kezeor, by and through Assistant Federal Public Defender Heather M. Angove, and the United States, by and through Assistant United States Attorney David R. Callaway, hereby stipulate and request that, with the Court's approval, the status hearing currently set for August 5, 2014 at 9:00 a.m. shall be continued to September 23, 2014 at 9:00 a.m.
The reason for the requested continuance is that the government provided a copy of the electronic evidence to defense counsel in early July, as scheduled. Defense counsel was then out of the office for two weeks on medical leave. As of this date, defense counsel has not had time to review this discovery. Additionally, the parties would like time to discuss a possible resolution in this matter.
The parties agree that the time between August 5, 2014 and September 23, 2014, is excludable under the Speedy Trial Act, 18 U.S.C. § 3161 (h)(7)(A) and (B)(iv), for continuity of counsel and effective preparation by defense counsel.
ORDER
GOOD CAUSE APPEARING, upon stipulation of the parties, IT IS HEREBY ORDERED that the status hearing shall be continued from August 5, 2014 to September 23, 2014 at 9:00 a.m.
THE COURT FINDS that failing to exclude the time between August 5, 2014, and September 23, 2014, would unreasonably deny the Defendant's continuity of counsel, and would unreasonably deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(7)(B)(iv).
THE COURT FURTHER FINDS the ends of justice served by excluding the time between August 5, 2014 to September 23, 2014, from computation under the Speedy Trial Act outweigh the interests of the public and the Defendant in a speedy trial.
THEREFORE, IT IS HEREBY ORDERED that the time between August 5, 2014, and September 23, 2014, shall be excluded from computation under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
IT IS SO ORDERED.