Opinion
NO. CR.S-11-360-WBS
10-25-2011
UNITED STATES OF AMERICA, Plaintiff, v. STANTICHA MIDDLETON, STEVEN ETHRIDGE, PAUL MERCHANT, Defendants.
Respectfully submitted, DANIEL J. BRODERICK Federal Public Defender CARO MARKS Designated Counsel for Service Attorney for Stanticha Middleton Caro Marks for DONALD P. DORFMAN Attorney for Steven Ethridge Caro Marks for ERIN RADEKIN Attorney for Paul Merchant BENJAMIN WAGNER United States Attorney Caro Marks for MICHELLE RODRIGUEZ Assistant U.S. Attorney Attorney for Plaintiff
DANIEL J. BRODERICK,
Federal Defender
CARO MARKS,
Designated Counsel for Service
Attorney for Defendant
STANTICHA MIDDLETON
AMENDED STIPULATION AND ORDER;
CONTINUING STATUS CONFERENCE AND EXCLUDING TIME
Date: November 21, 2011
Time: 9:30 a.m.
Judge: Hon. William B. Shubb
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, MICHELLE RODRIGUEZ, Assistant United States Attorney, CARO MARKS, attorney for STANTICHA MIDDLETON, DONALD P. DORFMAN, attorney for STEVEN ETHRIDGE, and ERIN RADEKIN, attorney for PAUL MERCHANT, that the status conference hearing date of October 24, 2011 be vacated, and the matter be set for status conference on November 21, 2011 at 9:30 a.m.
The reason for this continuance is to allow the defense adequate time to review the discovery, ascertain the need for research, witness location, or additional investigation. A continuance will also allow the defendants adequate time to finish reading the discovery, during which time they will confer with defense counsel about the case. After conferring with the defendants, defense counsel need time o explore possible defenses and to analyze the sentencing guidelines that relate to the case.
At the same time, the government is preparing plea offers and is preparing to make those offers to the defense. A continuance will give counsel time to receive the proposed plea agreements and then to review them with the defendant.
Counsel advise the court that the parties believe the cases will settle, but that no such settlement is possible until both counsel and the defendants have reviewed the discovery and conferred as described above.
Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including November 21, 2011 pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4, for counsels' preparation. Counsel also stipulate that the ends of justice to be served by granting this continuance outweigh the best interests of the public and the defendants in a speedy trial.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Public Defender
CARO MARKS
Designated Counsel for Service
Attorney for Stanticha Middleton
Caro Marks for
DONALD P. DORFMAN
Attorney for Steven Ethridge
Caro Marks for
ERIN RADEKIN
Attorney for Paul Merchant
BENJAMIN WAGNER
United States Attorney
Caro Marks for
MICHELLE RODRIGUEZ
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the October 24, 2011, status conference hearing be continued to November 21, 2011, at 9:30 a.m. Based on the representation of defense counsel and good cause appearing there from, the Court hereby 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 a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time up to and including the November 21, 2011 status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE