Opinion
CASE NO. 2:10-cr-00452-GEB
09-18-2011
UNITED STATES OF AMERICA, Plaintiff, v. SAMUEL LIEBMAN Defendant.
BENJAMIN B. WAGNER United States Attorney By: MATTHEW G. MORRIS Assistant U.S. Attorney DANIEL J. BRODERICK Federal Defender LEXI NEGIN Assistant Federal Defender Attorney for Samuel Liebman
BENJAMIN B. WAGNER
United States Attorney
MATTHEW G. MORRIS
Assistant U.S. Attorney
STIPULATION AND ORDER
The parties, by and through counsel, hereby stipulate as follows:
1. This case is currently set for jury trial beginning September 27, 2011 and estimated to last five days.
2. The parties are exploring the possibility of referring the case for pretrial diversion and a deferred prosecution agreement.
3. The Pretrial Services Office has informed the parties that it will take between two and four weeks to evaluate the referral and determine whether that office can accommodate the supervision that such a proposed agreement would entail.
4. In light of the above, the parties jointly request that the Court vacate the jury trial scheduled for September 27, 2011, as well as all remaining filing deadlines established at the trial confirmation hearing.
5. The parties request that the Court set this case for a status hearing on October 21, 2011, and represent that they are optimistic that they will be prepared to enter into a deferred prosecution agreement at that hearing.
6. The Court previously excluded time up to and including September 27, 2011, under the Speedy Trial Act for the purposes of defense preparation. The parties stipulate that the period from the date of this order through October 21, 2011, should be excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(B)(iv) and local code T4, because the time will be used to prepare, respond to, and finalize the details of the agreement. The parties represent that the ends of justice to be served by this continuance outweigh the interest of the defendant and the public in a speedy trial.
IT IS SO STIPULATED.
BENJAMIN B. WAGNER
United States Attorney
By: MATTHEW G. MORRIS
Assistant U.S. Attorney
DANIEL J. BRODERICK
Federal Defender
(auth. by phone 9/15/11)
By: LEXI NEGIN
Assistant Federal Defender
Attorney for Samuel Liebman
IT IS SO ORDERED.
GARLAND E. BURRELL, JR.
United States District Judge