Opinion
No. 2:11-CR-00295 MCE
09-28-2011
UNITED STATES OF AMERICA, Plaintiff, v. SERGEY POTEPALOV, et al., Defendants.
MICHAEL E. HANSEN Attorney for Defendant SERGEY POTEPALOV Michael E. Hansen for HAYES GABLE, III Attorney for Defendant KEITH O'NEIL DANIEL J. BRODERICK Federal Defender Michael E. Hansen for BENJAMIN GALLOWAY Assistant Federal Defender Attorney for Defendant MARLA BRENNAN Michael E. Hansen for CHRISTOPHER HAYDN-MYER Attorney for Defendant PAVEL BEREZENKO Michael E. Hansen for DWIGHT SAMUEL Attorney for Defendant BRIAN BARNES Michael E. Hansen for MICHAEL BIGELOW Attorney for Defendant ANTHONY RIVERA Michael E. Hansen for MICHAEL LONG Attorney for Defendant VERANIKA KOUSHAL Michael E. Hansen for DINA SANTOS Attorney for Defendant MARLENA COLVIN BENJAMIN B. WAGNER United States Attorney Michael E. Hansen for DANIEL McCONKIE, JR. Assistant U.S. Attorney Attorney for Plaintiff
Michael E. Hansen
Attorney at Law, SBN 191737
Attorney for Defendant
SERGEY POTEPALOV
STIPULATION AND ORDER TO
CONTINUE STATUS CONFERENCE,
AND TO EXCLUDE TIME PURSUANT
TO THE SPEEDY TRIAL ACT
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Daniel McConkie, Jr., Assistant United States Attorney, attorney for plaintiff; Michael E. Hansen, attorney for defendant Sergey Potepalov; Hayes Gable, III, attorney for defendant Keith O'Neil; Benjamin Galloway, attorney for defendant Marla Brennan; Christopher Haydn-Myer, attorney for defendant Pavel Berezenko; Dwight Samuel, attorney for defendant Brian Barnes; Michael Bigelow, attorney for defendant Anthony Rivera; Michael Long, attorney for defendant Veranika Koushal; and Dina Santos, attorney for defendant Marlena Colvin, that the previously-scheduled status conference date of September 29, 2010, be vacated and the matter set for status conference on January 5, 2012, at 9:00 a.m., for all defendants except Olga Nekrasova.
This continuance is requested to allow counsel additional time to review discovery with the defendants, to examine possible defenses and to continue investigating the facts of the case. The Government concurs with this request.
Further, the parties agree and stipulate the ends of justice served by the granting of such a continuance outweigh the best interests of the public and the defendants in a speedy trial and that time within which the trial of this case must be commenced under the Speedy Trial Act should therefore be excluded under 18 U.S.C. sections 3161(h)(7)(B)(ii) and (iv), corresponding to Local Codes T2 [complex case] and T4 [reasonable time for defense counsel to prepare], from the date of the parties' stipulation, September 26, 2011, to and including January 5, 2012. The Court previously excluded time pursuant to Local Code T2 on August 11, 2011.
Accordingly, the parties respectfully request the Court adopt this proposed stipulation.
IT IS SO STIPULATED.
Respectfully submitted,
MICHAEL E. HANSEN
Attorney for Defendant
SERGEY POTEPALOV
Michael E. Hansen for
HAYES GABLE, III
Attorney for Defendant
KEITH O'NEIL
DANIEL J. BRODERICK
Federal Defender
Michael E. Hansen for
BENJAMIN GALLOWAY
Assistant Federal Defender
Attorney for Defendant
MARLA BRENNAN
Michael E. Hansen for
CHRISTOPHER HAYDN-MYER
Attorney for Defendant
PAVEL BEREZENKO
Michael E. Hansen for
DWIGHT SAMUEL
Attorney for Defendant
BRIAN BARNES
Michael E. Hansen for
MICHAEL BIGELOW
Attorney for Defendant
ANTHONY RIVERA
Michael E. Hansen for
MICHAEL LONG
Attorney for Defendant
VERANIKA KOUSHAL
Michael E. Hansen for
DINA SANTOS
Attorney for Defendant
MARLENA COLVIN
BENJAMIN B. WAGNER
United States Attorney
Michael E. Hansen for
DANIEL McCONKIE, JR.
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
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. section 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, September 26, 2011, to and including January 5, 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. sections 3161(h)(7)(B)(ii) and (iv), and Local Codes T2 [complex case] and T4 [reasonable time for defense counsel to prepare]. It is further ordered that the September 29, 2011, status conference shall be continued until January 5, 2012, at 9:00 a.m., for all defendants except Olga Nekrasova.
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE