Opinion
No. 2:11-CR-00353 MCE
09-28-2011
UNITED STATES OF AMERICA, Plaintiff, v. SEAN MCCLENDON, et al., Defendants.
PREETI K. BAJWA Attorney for Defendant Sean McClendon DOUGLAS BEEVERS Attorney for Defendant Anthony Salcedo Benjamin B. Wagner United States Attorney JEAN HOBLER Assistant U.S. Attorney
Law Offices of Preeti K. Bajwa
Preeti K. Bajwa (SBN 232484)
Attorney for Defendant
SEAN MCCLENDON
STIPULATION AND
ORDER CONTINUING STATUS
CONFERENCE
Judge: Honorable Morrison J. England
IT IS HEREBY stipulated between the UNITED STATES OF AMERICA through its undersigned counsel, Jean Hobler, Assistant United States Attorney, together with counsel for defendant Sean McClendon, Preeti K. Bajwa, Esq., and counsel for defendant Anthony Salcedo, Douglas Beever, Esq., hereby agree and stipulate that the status conference presently set for September 29, 2011 be continued to November 10 , 2011, at 9:00 a.m., thus vacating the presently set status conference.
Further, all of the parties, the United States of America and all of the defendants as statec above, hereby agree and stipulate that time under the Speedy Trial Act should be excluded under Title 18, United States Code Section 3161(h)(7)(A) and (B)(ii) and (iv), corresponding to Local code T-2 (unusual and complex case) and Local Code T-4 (to allow defense counsel time to prepare) from the date of the parties' stipulation, September 29 , 2011 to and including Thursday November 10, 2011.
TIME EXCLUDED UNDER THE SPEEDY TRIAL ACT
The parties (the government and defendants) agree and stipulate that with the voluminous discovery, the complex legal issues involved in the case and the time needed by all defendants to review all of the discovery produced by the government to date, it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in § 3161. In addition, the parties stipulate and agree that the continuance requested herein is necessary to provide defense counsel reasonable time to prepare their respective clients' defenses taking into account due diligence and that the interests of justice in granting this reasonable request for a continuance outweighs the best interests of the public and defendants for a speedy trial in this case, pursuant to Title 18, United States Code, Section 3161(h)(7)(A) and (B)(ii) and (iv), corresponding to Local Code T-2 (unusual and complex case) and Local Code T-4 (to allow defense counsel time to prepare).
Respectfully submitted
PREETI K. BAJWA
Attorney for Defendant
Sean McClendon
DOUGLAS BEEVERS
Attorney for Defendant
Anthony Salcedo
Benjamin B. Wagner
United States Attorney
JEAN HOBLER
Assistant U.S. Attorney
PREETI K. BAJWA (SBN 232484)
Law Offices of Preeti K. Bajwa
Attorney for Defendant
SEAN MCCLENDON
UNITED STATES OF AMERICA, Plaintiff,
v.
SEAN MCCLENDON, et al., Defendants.
No. 2:11-CR-00353
ORDER TO CONTINUE STATUS CONFERNCE
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 this case is unusual and complex and 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 failure to grant a continuance in this case would deny defense counsel 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 defendants in a speedy trial.
The Court orders that the time from the date of the parties' stipulation, September 29, 2011, to and including November 10, 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)(A) and (B)(ii) and (iv), and Local Codes T2 (unusual and complex case) and T4 (reasonable time for defense counsel to prepare). It is further ordered that the September 29, 2011, status conference shall be continued until November 10, 2011 at 9:00 a.m.
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE