Opinion
No. CR-S-11-468 WBS
01-05-2012
UNITED STATES OF AMERICA, Plaintiff, v. STEPHEN DOUGLAS PIRT, et al., Defendants.
SCOTT L. TEDMON Attorney for Defendant Stephen Douglas Pirt JOSEPH J. WISEMAN Attorney for Defendant Janis Santana Pirt JOHN R. MANNING Attorney for Defendant Erik Hermann Green Benjamin B. Wagner United States Attorney MICHAEL D. ANDERSON Assistant U.S. Attorney
JOHN R. MANNING (SBN 220874)
ATTORNEY AT LAW
Attorney for Defendant
ERIK HERMANN GREEN
STIPULATION AND [PROPOSED ORDER] CONTINUING STATUS CONFERENCE
Judge: Honorable William B. Shubb
IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Michael D. Anderson, Assistant United States Attorney, together with counsel for defendant Stephen Douglas Pirt, Scott L. Tedmon, Esq., counsel for defendant Janis Santana Pirt, Joseph J. Wiseman, Esq., and counsel for defendant Erik Hermann Green, John R. Manning, Esq., that the status conference presently set for January 9, 2012 be continued to February 27, 2012, at 9:30 a.m., thus vacating the presently set status conference.
Defense counsel requires additional time to review the discovery and perform investigation. Therefore, counsel for the parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the defendants and the public in a speedy trial. 18 U.S.C. 3161(h)(7)(A) (continuity of counsel/ reasonable time for effective preparation) and Local Code T4, and agree to exclude time from the date of the filing of the order until the date of the status conference, February 27, 2012. IT IS SO STIPULATED.
_________
SCOTT L. TEDMON
Attorney for Defendant
Stephen Douglas Pirt
____________
JOSEPH J. WISEMAN
Attorney for Defendant
Janis Santana Pirt
_________
JOHN R. MANNING
Attorney for Defendant
Erik Hermann Green
Benjamin B. Wagner
United States Attorney
by: _________
MICHAEL D. ANDERSON
Assistant U.S. Attorney
JOHN R. MANNING (SBN 220874)
ATTORNEY AT LAW
Attorney for Defendant
ERIK HERMANN GREEN
UNITED STATES OF AMERICA, Plaintiff,
v.
STEPHEN DOUGLAS PIRT, et al., Defendants.
No. CR-S-11-468 WBS
ORDER TO CONTINUE STATUS CONFERNCE
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. Based on the stipulation of the parties and the recitation of facts contained therein, the Court finds that it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in 18 U.S.C. § 3161. In addition, the Court specifically finds that the failure to grant a continuance in this case would deny defense counsel to this stipulation reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and the defendants in a speedy trial.
The Court orders that the time from the date of the parties' stipulation, January 3, 2012, to and including February 27, 2012, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(ii) and (iv), and Local Codes T4 (reasonable time for defense counsel to prepare). It is further ordered that the January 9, 2012, status conference shall be continued until February 27, 2012, at 9:30 a.m. IT IS SO ORDERED.
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WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE