Opinion
1:18-cr-00232-DAD-BAM
10-12-2022
UNITED STATES OF AMERICA, Plaintiff, v. VANCE MYERS, Defendant.
PHILLIP A. TALBERT United States Attorney LAUREL MONTOYA Assistant United States Attorney Attorney for Plaintiff HEATHER E. WILLIAMS Federal Defender REED GRANTHAM Assistant Federal Defender Attorneys for Defendant VANCE MYERS
PHILLIP A. TALBERT United States Attorney
LAUREL MONTOYA Assistant United States Attorney Attorney for Plaintiff
HEATHER E. WILLIAMS Federal Defender
REED GRANTHAM Assistant Federal Defender Attorneys for Defendant VANCE MYERS
STIPULATION TO VACATE TRIAL DATE AND SET STATUS CONFERENCE; ORDER
Hon. Ana de Alba Judge
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Assistant United States Attorney Laurel Montoya, counsel for plaintiff, and Assistant Federal Defender Reed Grantham, counsel for defendant Vance Myers, that the trial confirmation hearing scheduled for October 17, 2022 at 9:00 a.m., and the trial date scheduled for November 1, 2022, at 8:30 a.m., be vacated, and that a status conference regarding plea be set for December 19, 2022 at 8:30 a.m.
This matter was previously set for trial by the parties on April 21, 2022. See Dkt. #52. At that time, the parties remained hopeful that a resolution would be reached but knew that an inperson meeting between the parties would be necessary prior to resolving the matter. The parties were able to meet in-person on June 24, 2022, and have been in continued negotiations since that date. On September 9, 2022, the defense provided the government additional information relevant for a resolution in this case. The government is currently evaluating that information and the parties remain in discussions in this matter. Accordingly, the parties are requesting to vacate the trial confirmation and trial date set, and to set a status conference regarding plea for Monday, December 19, 2022, at 8:30 a.m.
The requested continuance is made with the intention of conserving time and resources for both the parties and the Court. The government is in agreement with this request and the requested date is a mutually agreeable date for both parties. The parties stipulate that for the purpose of computing time under the Speedy Trial Act, the Court should exclude time from the date of this order through December 19, 2022, for defense preparation and investigation, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv). The parties agree that the ends of justice are served by resetting the status conference date outweigh the best interest of the public and the defendant in a speedy trial.
ORDER
IT IS SO ORDERED that the trial confirmation hearing scheduled for October 17, 2022 at 9:00 a.m., and the trial date scheduled for November 1, 2022, at 8:30 a.m., be vacated, and that a status conference regarding plea be set for December 19, 2022 at 8:30 a.m.
The time through December 19, 2022, is excluded under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(i) and (iv), as the ends of justice served by granting the continuance outweigh the best interest of the public and the defendant in a speedy trial.
IT IS SO ORDERED.