Opinion
No. CR 3-11-00735 RS
11-29-2011
UNITED STATES OF AMERICA, Plaintiff, v. ROBERT NEWT, Defendant.
MELINDA HAAG (CABN 132612) United States Attorney MIRANDA KANE (CABN 150630) Chief, Criminal Division DAMALI A. TAYLOR (CABN 262489) Assistant United States Attorney Attorneys for Plaintiff
MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
DAMALI A. TAYLOR (CABN 262489)
Assistant United States Attorney
Attorneys for Plaintiff
STIPULATION AND [PROPOSED] ORDER
DOCUMENTING EXCLUSION OF TIME
UNDER THE SPEEDY TRIAL ACT
The parties appeared before the Court in this matter on November 15, 2011 for an initial status conference. Assistant United States Attorney Damali Taylor appeared on behalf of the United States. Assistant Federal Public Defender Steven Kalar appeared on behalf of the defendant, ROBERT NEWT, who was present and in custody.
During the November 15, 2011 hearing, defense counsel informed the court that the parties had reached a tentative agreement with respect to defendant's plea. However, defense counsel needed time to review additional discovery that had been provided by the government and to discuss the plea agreement with his client. Defense counsel requested a future date of November 29, 2011 in order to provide the defense with sufficient time to do so. Defense counsel further requested that, in order to review the discovery and to conduct investigation necessary to effectively prepare defendant for resolution or trial, time be excluded under the Speedy Trial Act between November 15, 2011 and November 29, 2011, the newly scheduled date for change of plea or trial setting. Defense counsel represented that additional time is necessary to review the evidence and discuss resolution with his client, and that doing so is in the best interests of the defendant. The government had no objection to the November 29, 2011 date, and the Court found good cause for the exclusion of time. The matter was continued to November 29, 2011 for the purpose of change of plea or trial setting.
The government also had no objection to excluding time and the parties stipulated to an exclusion of time from November 15, 2011 to November 29, 2011. The parties agree that the ends of justice served by granting such an exclusion of time outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). The Court made findings consistent with the parties' agreement.
SO STIPULATED:
MELINDA HAAG
United States Attorney
DAMALI A. TAYLOR
Assistant United States Attorney
STEVEN KALAR
Counsel for the Defendant
[PROPOSED] ORDER
For the foregoing reasons, the Court HEREBY ORDERS that the matter be continued from November 15, 2011 to November 29, 2011, at 2:30 p.m. for further status conference before the Honorable Richard Seeborg. The Court finds that the failure to grant the requested extension would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice served by granting the requested extension outweigh the best interests of the public and the defendant in a speedy trial and in the prompt disposition of criminal cases. The Court also concludes that an exclusion of time from November 15, 2011 to November 29, 2011, should be made under Title 18, United States Code, Sections 3161(h)(7)(A) and 3161(h)(7)(B)(iv). The Court also finds that the ends of justice served by excluding the period from November 15, 2011 to November 29, 2011, outweigh the best interest of the public and the defendant in a speedy trial. Id.. § 3161(h)(7)(A). IT IS SO ORDERED.
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE