Opinion
No. CR 12-00701-DLJ
03-06-2013
UNITED STATES OF AMERICA, Plaintiff, v. BRENDA JO KIBBEE, Defendant.
STEVEN G. KALAR Federal Public Defender VARELL L. FULLER Assistant Federal Public Defender Counsel for Defendant KIBBEE MATTHEW J. KLUGE Trial Attorney, Tax Division United States Department of Justice
STEVEN G. KALAR
Federal Public Defender
VARELL L. FULLER
Assistant Federal Public Defender
Counsel for Defendant KIBBEE
STIPULATION AND []
ORDER CONTINUING STATUS
HEARING DATE AND EXCLUDING
TIME UNDER THE SPEEDY TRIAL ACT
STIPULATION
Defendant Brenda Jo Kibbee, by and through Assistant Federal Public Defender Varell L. Fuller, and the United States, by and through United States Department of Justice Trial Attorney Matthew J Kluge, hereby stipulate that, with the Court's approval, the status hearing currently set for Thursday, March 7, 2013, at 9:00 a.m., shall be continued to Thursday, May 2, 2013, at 9:00 a.m.
The reason for the requested continuance is defense counsel requires additional time to effectively prepare and review the voluminous discovery provided in this matter. Accordingly, the parities therefore respectfully requests a continuance of the status hearing previously set in this matter to May 2, 2013.
Accordingly, the parties agree that the time between March 7, 2013, and May 2, 2013, may be excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), for effective preparation by defense counsel.
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VARELL L. FULLER
Assistant Federal Public Defender
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MATTHEW J. KLUGE
Trial Attorney, Tax Division
United States Department of Justice
[] ORDER
GOOD CAUSE APPEARING, upon stipulation of the parties, IT IS HEREBY ORDERED that the hearing currently set for Thursday, March 7, 2013, shall be continued to Thursday, May 2, 2013, at 9:00 a.m.
THE COURT FINDS that failing to exclude the time between March 7, 2013, and May 2, 2013, would unreasonably deny the defendant 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 FINDS that the ends of justice served by excluding the time between March 7, 2013, and May 2, 2013, 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 March 7, 2013, and May 2, 2013, 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.
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THE HONORABLE D. LOWELL JENSEN
United States District Judge