Opinion
CASE NO. 2:11-cr-00530 MCE
07-13-2012
UNITED STATES OF AMERICA, Plaintiff, v. ERIC MOHTADI, Defendant.
DANIEL J. BRODERICK, Bar #89424 Federal Defender Matthew C. Bockmon, Bar #161566 Assistant Federal Defender Attorney for Defendant ERIC MOHTADI
DANIEL J. BRODERICK, Bar #89424
Federal Defender
Matthew C. Bockmon, Bar #161566
Assistant Federal Defender
Attorney for Defendant
ERIC MOHTADI
STIPULATION AND ORDER TO CONTINUE
CHANGE OF PLEA HEARING AND TO
EXCLUDE TIME PURSUANT TO THE
SPEEDY TRIAL ACT
Judge: Morrison C. England, Jr.
It is hereby stipulated and agreed to between the United States of America through Jason Hitt, Assistant U.S. Attorney, and defendant, ERIC MOHTADI, by and through his counsel, Matthew C. Bockmon, Assistant Federal Defender, that the change of plea hearing set for Thursday, July 12, 2012, be vacated and a new change of plea hearing date of Thursday, August 2, 2012, at 9:00 a.m., be set.
The reason for this continuance is because a proposed plea agreement is forthcoming from the government and defense counsel needs additional time review the plea agreement with the client once it is received.
It is further stipulated that the time period from the date of this stipulation, July 11, 2012, through and including the date of the new change of plea hearing, August 2, 2012, shall be excluded under the Speedy Trial Act (18 U.S.C. §3161(h)(7)(A) &(B)(iv) and Local Code T4, due to the need to provide defense counsel with the reasonable time to prepare, and that the ends of justice to be served by granting the continuance outweigh the best interests of the public and the defendant in a speedy trial.
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
By:
Matthew C. Bockmon for
JASON HITT
Assistant U.S. Attorney
Attorney for United States
DANIEL J. BRODERICK
Federal Defender
____________________________
MATTHEW C. BOCKMON
Assistant Federal Defender
Attorney for Defendant
ERIC MOHTADI
ORDER
Based on the reasons set forth in the stipulation of the parties filed on July 13, 2012, and good cause appearing therefrom, the Court adopts the stipulation of the parties in its entirety. IT IS HEREBY ORDERED that the change of plea hearing currently scheduled for Thursday, July 12, 2012, be vacated and that the case be set for Thursday, August 2, 2012, at 9:00 a.m. The Court finds that the ends of justice served by granting such a continuance outweigh the best interests of the public and the defendant in a speedy trial. Accordingly, IT IS HEREBY ORDERED that, for the reasons stated in the parties' July 13, 2012, stipulation, the time within which the trial of this matter must be commenced under the Speedy Trial Act is excluded during the time period from the date of this stipulation, July 11, 2012, through and including August 2, 2012, pursuant to 18 U.S.C. §3161(h)(7)(A)&(B)(iv) [reasonable time to prepare] and Local Code T4.
IT IS SO ORDERED.
____________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE