Opinion
STEVEN G. KALAR, Federal public Defender, JOHN PAUL REICHMUTH, Assistant Federal Public Defender, Oakland, CA, Counsel for Defendant OLIVER.
Roger Dinh, Special Assistant United States Attorney.
AMENDED STIPULATION TO CONTINUE; [PROPOSED] ORDER CONTINUING CASE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT
JON S. TIGAR, District Judge.
IT IS HEREBY STIPULATED, by and between the parties to this action, that the MOTIONS HEARING date of September 19, 2014 presently scheduled at 9:30 a.m., before the Honorable John S. Tigar, be vacated and re-set for December 5, 2014 at 9:30 a.m. for MOTIONS HEARING and that the Government's Opposition to the pending Motion to Suppress Evidence be filed by November 7, that the Reply be filed by November 14, and that any Sur-reply be filed by November 19, 2014.
The reason for this request is that government counsel has been involved in trial preparation and jury trial during the week of August 18, 2014 and earlier. The opposition to the pending motion was presently due on August 22, 2014. The parties wish to discuss several legal sentencing issues and try to resolve this case prior the government's filing of its Opposition. One such legal issue requires a physical inspection of the evidence by defense counsel. That inspection is being arranged.
The parties agree and stipulate that the time until December 5, 2014 should be excluded, under 18 U.S.C. §3161(H)(1)(D) and (7)(A) and (B)(iv), because a Motion to Suppress Evidence has been pending in this case since August 7, 2014, and because the ends of justice served by the granting of the continuance outweigh the bests interests of the public and the defendant in a speedy and public trial. The continuance is necessary to accommodate counsel's preparation efforts, including legal research into sentencing issues and a viewing of the physical evidence.
ORDER
The court finds that the ends of justice served by the granting of the continuance outweigh the bests interests of the public and the defendant in a speedy and public trial. The continuance is necessary to accommodate counsel's preparation efforts including legal research into sentencing issues and a viewing of the physical evidence. The court also finds that a pretrial motion has been pending in this case since August 7, 2014. Based on these findings, IT IS hereby ORDERED that the MOTIONS HEARING date of September 19, 2014 presently scheduled at 9:30 a.m., before the Honorable John S. Tigar, be vacated and re-set for December 5, 2014 at 9:30 a.m. for MOTIONS HEARING and that the Government's Opposition to the pending Motion to Suppress Evidence be filed by November 7, that the Reply be filed by November 14, and that any Sur-reply be filed by November 19, 2014.
IT IS SO ORDERED.