Opinion
No. 2:10-cr-420 JAM
10-05-2011
UNITED STATES OF AMERICA, Plaintiff, v. WILLIAM LAVY Defendant
DAVID D. FISCHER Attorney for Defendant WILLIAM LAVY U.S. ATTORNEY David D. Fischer for MICHAEL ANDERSON Assistant U.S. Attorney Attorney for Plaintiff
DAVID D. FISCHER (SBN 224900)
ATTORNEY AT LAW
Attorney for Defendant
WILLIAM LAVY
STIPULATION AND ORDER CONTINUING STATUS CONFERENCE
Date: December 13, 2011
Time: 9:30 a.m.
Judge: Honorable John A. Mendez
IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Michael Anderson, Assistant United States Attorney, attorney for plaintiff, together with David Fischer, attorney for defendant William that the previously-scheduled status conference date of October 11, 2011, be vacated and that the matter be set for status conference on December 13, 2011, at 9:30 a.m.
Counsel have conferred, this continuance is requested to allow defense counsel additional time to conduct additional investigation. Additionally, the defense has made a recent request for some additional discovery from the Government and the additional discovery is forthcoming. The defense requests additional time to review these new materials and conduct additional investigation.
Further, the parties agree and stipulate that the ends of justice served by the granting of such a continuance outweigh the best interests of the public and the defendant in a speedy trial and that time within which the trial of this case must be commenced under the Speedy Trial Act should therefore be excluded under 18 U.S.C. Section 3161(h)(7)(B) (iv), corresponding to Local Code T-4 (to allow defense counsel time to prepare) from the date of the parties' stipulation, October 4, 2011, to and including December 13, 2011.
Accordingly, the parties respectfully request the Court adopt this proposed stipulation.
IT IS SO STIPULATED.
DAVID D. FISCHER
Attorney for Defendant
WILLIAM LAVY
U.S. ATTORNEY
David D. Fischer for
MICHAEL ANDERSON
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. Based on the stipulation of the parties and the recitation of facts contained therein, the Court finds that it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in 18 U.S.C. § 3161. In addition, the Court specifically finds that the case is complex and that a failure to grant a continuance in this case would deny defense counsel to this stipulation reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and the defendant in a speedy trial.
The Court orders that the time from the date of the parties' stipulation, October 4, 2011, to and including December 13, 2011, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv), Local Code T4 (reasonable time for defense counsel to prepare. It is further ordered that the October 11, 2011, status conference shall be continued until December 13, 2011 at 9:30 a.m.
IT IS SO ORDERED.
HON. JOHN A. MENDEZ
United States District Court Judge