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United States v. Moses

United States District Court, Ninth Circuit, California, E.D. California
Mar 10, 2015
2:12-CR-00448 TLN (E.D. Cal. Mar. 10, 2015)

Opinion

          SCOTT N. CAMERON, Attorney at Law, Sacramento, CA, Attorney for HEATHER MOSES.


          STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER

          TROY L. NUNLEY, District Judge.

         STIPULATION

         Plaintiff, United States of America, by and through its counsel of record, and defendant HEATHER MOSES, by and through her counsel of record, hereby stipulate as follows:

         1. By previous order, this matter was set for status on March 12, 2015, at 9:30 a.m.

         2. By this stipulation, defendant now moves to continue the status conference until April 23, 2015, at 9:30 a.m., and to exclude time between March 12, 2015, and April 23, 2015, under Local Code T4. Plaintiff does not oppose this request.

         3. The parties agree and stipulate, and request that the Court find the following:

         a. The government has produced approximately 2, 500 pages of discovery to the defense.

         b. The government has provided the defense with an offer to settle the case in the form of a written plea agreement.

         c. Counsel for defendant requires additional time to continue to review the plea agreement with the defendant, compare the stipulations in the plea agreement with the allegations in the discovery, and if appropriate, negotiate changes to the plea agreement.

         d. Counsel for defendant believes that failure to grant the above-requested continuance would deny defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

         e. The government does not object to the continuance.

         f. Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.

         h. For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of March 12, 2015, to April 23, 2015, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) [Local Code T4] because it results from a continuance granted by the Court at defendant's request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.

         4. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.

         IT IS SO STIPULATED.

          ORDER

         IT IS SO FOUND AND ORDERED.


Summaries of

United States v. Moses

United States District Court, Ninth Circuit, California, E.D. California
Mar 10, 2015
2:12-CR-00448 TLN (E.D. Cal. Mar. 10, 2015)
Case details for

United States v. Moses

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. HEATHER MOSES, Defendant,

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Mar 10, 2015

Citations

2:12-CR-00448 TLN (E.D. Cal. Mar. 10, 2015)