Opinion
Case No.: 1:11 -cr-00025 LJO
08-03-2011
Respectfully submitted, CARL M. FALLER Attorney for Defendant SARAH RENEE TODD BENJAMIN B. WAGNER United States Attorney By MICHELE THIELHORN Assistant U.S. Attorney Attorney for the United States
CARL M. FALLER SBN: 70788
Attorney at Law
Attorney for Defendant
KEITH AARON LITTLE
STIPULATION TO CONTINUE
STATUS CONFERENCE : Note Date in
Order
Honorable Lawrence J. O'Neill
It is hereby stipulated by and between the parties hereto, through their respective attorneys of record, as follows:
A status conference and possible change of plea is currently set in this matter for August 5, 2011 at 9:00 am.
By agreement of the parties, it is requested that this hearing be continued until September 9, 2011 at 9:00 am.
The reason for this request is that since the last appearance in this matter, defense counsel has spent the majority of his time dealing with various health issues concerning his mother which culminated in her involuntary commitment to a secure facility on Tuesday, August 2, 2011. Due to these circumstances, counsel has not had sufficient time to discuss the prospect of a plea in this case with his client.
It is further stipulated that the time between August 5, 2011 and September 9, 2011 shall be excluded under the Speedy Trial Act, Title 18, United States Code, Sections 3161(h)(7)(A) and (h)(7)(B)(iv), in that the ends of justice are served by such exclusion, and the public interest in a speedy trial is outweighed by the need to allow for continuity of counsel and further investigation and preparation. Based on the above, it is respectfully requested that the status conference and motion hearing be continued as set forth above.
Respectfully submitted,
CARL M. FALLER
Attorney for Defendant
SARAH RENEE TODD
BENJAMIN B. WAGNER
United States Attorney
By MICHELE THIELHORN
Assistant U.S. Attorney
Attorney for the United States
ORDER:
Based upon the stipulation of the parties and good cause appearing, it is hereby ORDERED that the status conference currently set for August 5, 2011 at 9:00 am, be continued To September 2, 2011 at 9:00 am. (since the Court is unavailable on the date requested).
It is further ordered that the time between August 5, 2011 and September 2, 2011 shall be excluded under the Speedy Trial Act, Title 18, United States Code, Sections 3161(h)(7)(A) and (h)(7)(B)(iv), in that the ends of justice are served by such exclusion, and the public interest in a speedy trial is outweighed by the need to allow for continuity of counsel and further investigation and preparation. IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE