Opinion
No. 2:11-cr-00273-MCE
10-13-2011
UNITED STATES OF AMERICA, Plaintiff, v. STEVEN ALAN LARKIN, Defendant.
DANIEL J. BRODERICK, Bar# 89424 Federal Defender BENJAMIN D. GALLOWAY, Bar# 214897 Assistant Federal Defender Attorney for Defendant STEVEN ALAN LARKIN
DANIEL J. BRODERICK, Bar# 89424
Federal Defender
BENJAMIN D. GALLOWAY, Bar# 214897
Assistant Federal Defender
Attorney for Defendant
STEVEN ALAN LARKIN
STIPULATION AND ORDER
DATE: November 17, 2011
TIME: 9:00 a.m.
JUDGE: Hon. Morrison C. England Jr.
It is hereby stipulated and agreed to between the United States of America through JARED DOLAN, Assistant U.S. Attorney, and defendant STEVEN ALAN LARKIN by and through his counsel, BENJAMIN GALLOWAY, Assistant Federal Defender, that the status conference set for Thursday, October 13, 2011, be continued to Thursday, November 17, 2011, at 9:00 a.m..
The reason for this continuance is to allow defense counsel additional time to examine possible defenses and to continue investigating the facts of the case.
Speedy trial time is to be excluded from the date of this order through the date of the status conference set for November 17, 2011, pursuant to 18 U.S.C. §§ 3161 (h)(7)(B)(iv) [reasonable time to prepare] (Local Code T4).
Respectfully submitted,
DANIEL J. BRODERICK
Federal Defender
BENJAMIN GALLOWAY
Assistant Federal Defender
Attorney for Defendant
STEVEN ALAN LARKIN
BENJAMIN B. WAGNER
Benjamin Galloway for
JARED DOLAN
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
Based on the stipulation of the parties and good cause appearing therefrom, the Court hereby adopts the stipulation of the parties in its entirety as its order. It is hereby ordered that the presently set October 13, 2011 status conference and revocation hearing shall be continued to November 17, 2011, at 9:00 a.m.. It is further ordered that the time period from the date of the parties' stipulation, July 28, 2011, through and including the date of the new status conference, October 13, 2011, shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161 (h)(7)(B)(iv) and Local Code T4 [reasonable time for defense counsel to prepare].
Based on the stipulation of the parties and good cause appearing therefrom, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time for effective preparation taking into account the exercise of due diligence. The Court specifically finds that the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendant in a speedy trial.
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE