Opinion
2:11-cr-0003 WBS
10-13-2011
UNITED STATES OF AMERICA, Plaintiff, v. WAYNE JEFFREY MULLIN, Defendants.
DANIEL J. BRODERICK Federal Defender BENJAMIN GALLOWAY Assistant Federal Defender Attorney for Defendant WAYNE JEFFREY MULLIN BENJAMIN B. WAGNER United States Attorney Benjamin Galloway for MICHELLE PRINCE Assistant U.S. Attorney Attorney for Plaintiff
DANIEL J. BRODERICK, Bar# 89424
Federal Defender
BENJAMIN D. GALLOWAY, Bar# 214897
Assistant Federal Defender
Attorney for Defendant
WAYNE JEFFREY MULLIN
STIPULATION AND [PROPOSED] ORDER
JUDGE: Hon. William B. Shubb
It is hereby stipulated and agreed to between the United States of America through MICHELLE PRINCE, Assistant U.S. Attorney, and defendant, WAYNE JEFFREY MULLIN, by and through his counsel, BENJAMIN GALLOWAY, Assistant Federal Defender, that the status conference set for Tuesday, October 17, 2011, be continued to Monday, December 12, 2011, at 9:30 a.m.
The reason for this continuance is to allow defense counsel additional time to review discovery with the defendant, to examine possible defenses and to continue investigating the facts of the case. Progress on these tasks is hindered by Mr. Mullin's very poor health. Mr. Mullin is in the middle of a six-week course of daily radiation treatment for lung cancer. He is also coping with the effects of end-stage chronic obstructive pulmonary disease (COPD). Mr. Mullin has been made weak and exhausted by his illnesses. It is anticipated that he will be better able to assist counsel in the preparation of his case when his health improves.
Speedy trial time is to be excluded from the date of this order through the date of the status conference set for December 12, 2011, pursuant to 18 U.S.C. § 3161 (h)(8)(B)(iv) [reasonable time to prepare] (Local Code T4).
Respectfully submitted,
DANIEL J. BRODERICK
Federal Defender
BENJAMIN GALLOWAY
Assistant Federal Defender
Attorney for Defendant
WAYNE JEFFREY MULLIN
BENJAMIN B. WAGNER
United States Attorney
Benjamin Galloway for
MICHELLE PRINCE
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
IT IS SO ORDERED. Time is excluded from today's date through and including December 12, 2011, in the interests of justice pursuant to 18 U.S.C. §3161(h)(8)(B)(iv) [reasonable time to prepare] and Local Code T4. The status conference set for Tuesday, October 17, 2011 is continued to Monday, December 12, 2011, at 9:30 a.m.
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE