Opinion
Cr.S. 11-170-LKK
09-15-2011
UNITED STATES OF AMERICA, Plaintiff, v. MARCUS DESHAUN PRIDE, Defendants.
DANIEL J. BRODERICK Federal Defender BENJAMIN GALLOWAY Assistant Federal Defender Attorney for Defendant MARCUS DESHAUN PRIDE BENJAMIN B. WAGNER United States Attorney Benjamin Galloway for JASON HITT Assistant U.S. Attorney Attorney for Plaintiff
DANIEL J. BRODERICK,
Federal Defender
BENJAMIN D. GALLOWAY,
Assistant Federal Defender
Attorney for Defendant
MARCUS DESHAUN PRIDE
STIPULATION AND ORDER
DATE: October 18, 2011
TIME: 9:15 a.m.
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, September 20, 2011, be continued to Tuesday, October 18, 2011, at 9:15 a.m..
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. In addition, this continuance is requested as the parties are working toward resolution but need additional time to finalize an agreement.
It is further stipulated that the time period from the date of this stipulation, September 14, 2011, through and including the date of the new status conference hearing, October 18, 2011, 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].
Respectfully submitted,
DANIEL J. BRODERICK
Federal Defender
BENJAMIN GALLOWAY
Assistant Federal Defender
Attorney for Defendant
MARCUS DESHAUN 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 September 20, 2011, status conference shall be continued to October 18, 2011, at 9:15 a.m.. It is further ordered that the time period from the date of the parties' stipulation, September 14, 2011, through and including the date of the new status conference hearing, October 18, 2011, 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.
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT