Opinion
CR. S. 11-170-LKK
07-23-2012
UNITED STATES OF AMERICA, Plaintiff, v. MARCUS DESHAUN PRIDE, Defendants.
Respectfully submitted, DANIEL J. BRODERICK Federal Defender BENJAMIN GALLOWAY Assistant Federal Defender Attorney for Defendant MARCUS PRIDE BENJAMIN B. WAGNER United States Attorney Benjamin Galloway for JASON HITT Assistant U.S. Attorney Attorney for Plaintiff
DANIEL J. BRODERICK, Bar# 89424
Federal Defender
BENJAMIN D. GALLOWAY, Bar# 214897
Assistant Federal Defender
Attorney for Defendant
MARCUS DESHAUN PRIDE
STIPULATION AND ORDER
DATE: August 7, 2012
JUDGE: Hon. Lawrence K. Karlton
It is hereby stipulated and agreed to between the United States of America through JASON HITT, Assistant U.S. Attorney, and defendant, MARCUS DESHAUN PRIDE by and through his counsel, BENJAMIN GALLOWAY, Assistant Federal Defender that the status conference set for Tuesday, July 24, 2012, be continued to Tuesday, August 7, 2012, at 9:15 a.m., for status conference.
The reason for this continuance is to allow defense counsel additional time to review discovery with the defendant, to examine possible defenses and to continue investigating the facts of the case.
It is further stipulated that the time period from the date of this stipulation, July 24, 2012, through and including the date of the new status conference, August 7, 2012, shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. §§ 3161 (h)(7)(B)(iv)and Local Code T4 [reasonable time for defense counsel to prepare], and that the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendant in a speedy trial.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Defender
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BENJAMIN GALLOWAY
Assistant Federal Defender
Attorney for Defendant
MARCUS PRIDE
BENJAMIN B. WAGNER
United States Attorney
Benjamin Galloway for
JASON HITT
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
Based on the stipulation of the parties and good cause appearing therefrom, the Court hereby adopts the stipulation of the parties in its entirety as its order. It is hereby ordered that the presently set July 24, 2012, status conference shall be continued to August 7, 2012, at 9:15 a.m.. It is further ordered that the time period from the date of the parties' stipulation, July 20, 2012, through and including the date of the new status conference hearing, August 7, 2012, shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161 (h)(7)(B)(iv) and Local Code T4 [reasonable time for defense counsel to prepare].
Based on the stipulation of the parties and good cause appearing therefrom, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time for effective preparation taking into account the exercise of due diligence. The Court specifically finds that the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendant in a speedy trial.
IT IS SO ORDERED.
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LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT