Opinion
No. CR-10-00562 LHK
10-05-2011
UNITED STATES OF AMERICA, Plaintiff, v. THOMAS O'MEARA, Defendant.
Jeane DeKelver Attorney for Tom O'Meara Joseph Fazioli Assistant United States Attorney
STIPULATION AND [PROPOSED] ORDER
RESCHEDULING STATUS CONFERENCE AND EXCLUDING TIME FROM THE
SPEEDY TRIAL ACT [18 U.S.C. § 3161(h)(8)(A)]
This matter is currently set for status on October 5, 2011. The parties now jointly request that the October 5, 2011 hearing date be reset to October 26, 2011 to allow defense counsel to continue the review of the discovery produced in the case. Based on the stipulation, the Court finds and holds as follows:
1. The currently scheduled October 5, 2011 hearing date is hereby vacated.
2. This matter is re-set for status on October 26, 2011 at 10:00 a.m.
3. The time between October 5, 2011 and October 26, 2011 is excluded under the Speedy Trial Act. The parties agree that the failure to grant the requested continuance would unreasonable deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(8)(B)(iv). The parties agree that the ends of justice are served by granting the continuance outweigh the best interest of the public and the defendant in a speedy trial and in the prompt disposition of criminal cases. See 18 U.S.C. § 3161(h)(8)(A).
STIPULATED:
Jeane DeKelver
Attorney for Tom O'Meara
Joseph Fazioli
Assistant United States Attorney
IT IS SO ORDERED.
Lucy H. Koh
United States District Judge