Opinion
No. 2:11-cr-117 WBS
07-06-2012
UNITED STATES OF AMERICA, Plaintiff, v. LONNELL McCARTER, Defendant.
BENJAMIN B. WAGNER United States Attorney MICHELLE PRINCE Assistant United States Attorney Counsel for Plaintiff DANIEL J. BRODERICK Federal Defender JEFFREY L. STANIELS Assistant Federal Defender Counsel for Defendant LONNELL McCARTER
DANIEL J. BRODERICK, Bar #89424
Federal Defender
JEFFREY L. STANIELS, Bar #91413
Assistant Federal Defender
Attorney for Defendant
LONNELL McCARTER
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
Judge: Hon. William B. Shubb
Date: July 9, 2012
IT IS HEREBY STIPULATED by and between Assistant United States Attorney Michelle Prince, counsel for Plaintiff, and Assistant Federal Defender Jeffrey Staniels, counsel for defendant LONNELL McCARTER, that the status conference scheduled for July 9, 2012, be vacated and the matter continued until October 1, 2012, for further status conference at the request of the defense.
The reason for the continuance is to allow for completion of now-active negotiation regarding possible non-trial resolution of the case and for further trial related investigation in the event terms for non-trial resolution cannot be agreed to. The requested date also accounts for intervening schedule conflicts for vacation, an office retreat and government counsel's trial schedule. At the last status conference the court urged the parties to be prepared to announce resolution or to set a trial date. The parties seek this one additional continuance before doing so.
IT IS FURTHER STIPULATED that the interests of justice served by the granting of this continuance outweigh the interests of the defendant and the public in a speedy trial and that time for trial under the Speedy Trial Act should therefore be excluded between July 9, 2012, and October 1, 2012, pursuant to 18 U.S.C. § 3161(h)(7)(A) & (B)(iv), Local Code T-4 (time to prepare).
IT IS SO STIPULATED.
BENJAMIN B. WAGNER
United States Attorney
_______________
MICHELLE PRINCE
Assistant United States Attorney
Counsel for Plaintiff
DANIEL J. BRODERICK
Federal Defender
__________________
JEFFREY L. STANIELS
Assistant Federal Defender
Counsel for Defendant
LONNELL McCARTER
ORDER
The above stipulation of the parties is accepted. The status conference set for July 9, 2012, is VACATED. This case is ordered to be re-calendared on October 1, 2012, for status conference.
The court finds, based on the reasons stated above, that the interests of justice served by granting this continuance outweigh the interests of the defendant and the public in a speedy trial.
IT IS SO ORDERED.
By the Court,
_________________
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE