Opinion
Mag. No. 12-4058
12-14-2012
UNITED STATES OF AMERICA v. VLADIMIR POLIVKA
C. Carletts, Esq. Assistant U.S. Attorney Susan C. Cassell, Esq. Counsel for
CONTINUANCE ORDER
This matter having been opened to the Court by the United States (Paul J. Fishman, United States Attorney, by Dennis Carletta, Assistant U.S. Attorney, appearing), and defendant Vladimir Polivka (Susan C. Cassell, Esq., appearing) for an Order granting a continuance of the proceedings in the above-captioned matter for the period of 60 days, and the defendant being aware that he has the right to have the matter submitted to a grand jury within 30 days of the date of his initial appearance, pursuant to Title 18, United States Code, Section 3161 (b), and the additional right to have the matter submitted for trial within 70 days of the filing of an indict-ment, pursuant to Title 18, United States Code, Section 3161(c)(1), and the defendant having . waived such rights, and for good and sufficient cause shown.
IT IS THE FINDING OF THIS COURT that this action should be continued for the following reasons:
1. The parties have signed a plea agreement Successful resolution of these negotiations would render the presentation of this matter to a jury for trial unnecessary.
2. Defendant has consented to the proposed continuance, the third such request in this case.
3. The grant of a continuance will likely conserve judicial resources.
4. Pursnamt to Title 18 of the United States Code, Section 316l(h)(8), the ends of justice served by granting the continuance outweigh the best interests of the public and the defendant in a speedy trial.
WHEREFORE, it is on this ___ day of ___, 2012.
ORDERED that the proceedings scheduled in the above-captioncd matter are continued forme period of December 5, 2012, through February 5, 2013, and
FT IS FURTHER ORDERED that the period of December 5, 2012. through February 5, 2013, shall be excludable in computing time under the Speedy Trial Act of 1974.
HON. MICHAEL A. HAMMER
United States Magistrate Judge
Consented and Agreed to by: ____________
C. Carletts, Esq.
Assistant U.S. Attorney
____________
Susan C. Cassell, Esq.
Counsel for Defendant Vladimir Polivka