Opinion
No. 2:11-CR-0274 JAM
08-30-2011
UNITED STATES OF AMERICA, Plaintiff, v. CEM KIYAK, Defendant.
TODD PICKLES Assistant U.S. Attorney DANIEL J. BRODERICK Federal Defender TIMOTHY ZINDEL Assistant Federal Defender Attorney for Mr. Kiyak
DANIEL J. BRODERICK, Bar #89424
Federal Defender
TIMOTHY ZINDEL, Bar #158377
Assistant Federal Defender
Attorney for Defendant
CEM KIYAK
STIPULATION AND ORDER TO
CONTINUE STATUS CONFERENCE AND EXCLUDE TIME
Time: 9:30 a.m.
Judge: Hon. John A. Mendez
IT IS HEREBY STIPULATED AND AGREED between plaintiff, United States of America, and defendant, Cem Kiyak, that the status conference scheduled for August 30, 2011, may be continued to November 15, 2011, at 9:30 a.m.
This is a newly-arraigned case alleging trafficking of counterfeit goods. In order to review possible defenses and to determine Mr. Kiyak's sentencing exposure in the event of a conviction, the defense must inspect the goods that are claimed to be counterfeit and conduct additional research and investigation. Assigned defense counsel will be away from the office on family medical leave for five weeks beginning in mid-September. Mr. Kiyak has been advised of the delay but wishes to remain with his appointed attorney.
To afford time to complete these tasks and to assure continuity of counsel, the parties agree that the interests of justice to be served by a continuance outweigh the best interests of the parties in a speedy trial. The parties agree that time under the Speedy Trial Act should be excluded from the date of this order through the status conference on November 15, 2011, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
TODD PICKLES
Assistant U.S. Attorney
DANIEL J. BRODERICK
Federal Defender
TIMOTHY ZINDEL
Assistant Federal Defender
Attorney for Mr. Kiyak
ORDER
The status conference is continued to November 15, 2011, at 9:30 a.m. Time under the Speedy Trial Act is excluded through that date for the reasons stated above and by agreement of the parties, the Court finding that the ends of justice to be served by a continuance outweigh the best interests of the defendant and the public in a speedy trial for the reasons stated above.
IT IS SO ORDERED.
HON. JOHN A. MENDEZ
United States District Judge