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United States v. Kilgore

United States District Court, Eastern District of California
Jun 8, 2022
1:21-CR-00277-NONE-SKO (E.D. Cal. Jun. 8, 2022)

Opinion

1:21-CR-00277-NONE-SKO

06-08-2022

UNITED STATES OF AMERICA, Plaintiff, v. MYRON KILGORE, Defendant.

PHILLIP A. TALBERT United States Attorney MARK J. McKEON Assistant United States Attorney ERIN SNIDER Counsel for Defendant MYRON KILGORE


PHILLIP A. TALBERT

United States Attorney

MARK J. McKEON

Assistant United States Attorney

ERIN SNIDER

Counsel for Defendant

MYRON KILGORE

STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; ORDER

THE HONORABLE SHEILA K. OBERTO, UNITED STATES MAGISTRATE JUDGE.

STIPULATION

Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows:

1. By previous order, this matter was set for a status conference on June 15, 2022.

2. By this stipulation, defendant now moves to continue the status conference until August 31, 2022, and to exclude time between June 15, 2022, and August 31, 2022, under the Speedy Trial Act.

3. The parties agree and stipulate, and request that the Court find the following:

a) The government has represented that the discovery associated with this case includes investigative reports, body camera footage, and court documents All of this discovery has been either produced directly to counsel and/or made available for inspection and copying.
b) Counsel for defendant desires additional time to review discovery, consult with her client, conduct investigation into the charges, and to explore potential resolution with the
government.
c) Counsel for defendant believes that failure to grant the above-requested continuance would deny him/her the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
d) The government does not object to the continuance.
e) Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.
f) For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of June 15, 2022 to August 31, 2022, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) [because it results from a continuance granted by the Court at defendant's request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.
4. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.

IT IS SO STIPULATED.

ORDER

IT IS SO ORDERED.


Summaries of

United States v. Kilgore

United States District Court, Eastern District of California
Jun 8, 2022
1:21-CR-00277-NONE-SKO (E.D. Cal. Jun. 8, 2022)
Case details for

United States v. Kilgore

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. MYRON KILGORE, Defendant.

Court:United States District Court, Eastern District of California

Date published: Jun 8, 2022

Citations

1:21-CR-00277-NONE-SKO (E.D. Cal. Jun. 8, 2022)