Opinion
No. 10-89 MCE
09-28-2011
UNITED STATES OF AMERICA, Plaintiff, v. JAMES STEWART RICHARDS, Defendant.
DANIEL BRODERICK Federal Defender MICHAEL PETRIK, Jr. Assistant Federal Defender BENJAMIN B. WAGNER United States Attorney SAMANTHA S. SPANGLER Assistant U.S. Attorney
DANIEL J. BRODERICK, Bar #89424
Federal Defender
MICHAEL PETRIK, Jr., Bar #177913
Assistant Federal Defender
Designated Counsel For Service
Attorneys for Defendant
JAMES STEWART RICHARDS
STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE TO OCTOBER 13,
2011, AT 9:00 A.M.
Time: 9:00 a.m.
Judge: Hon. Morrison C. England
THE PARTIES STIPULATE, through counsel, Samantha S. Spangler, Assistant United States Attorney, and Michael Petrik, Jr., attorney for James Stewart Richards, that the Court should vacate the status conference scheduled for September 29, 2011, at 9:00 a.m., and reset it for October 13, 2011, at 9:00 a.m.
Counsel for defendant requires further time to review discovery and to consult with Mr. Richards. Counsel for Mr. Richards also requires further time to research whether a motion to dismiss the superceding indictment lies in this case.
The parties further stipulate that the Court should exclude the period from the date of this order through October 13,
2011, when it computes the time within which the trial of the above criminal prosecution must commence for purposes of the Speedy Trial Act. The parties stipulate that the ends of justice served by granting Mr. Richards' request for a continuance outweigh the best interest of the public and Mr. Richards in a speedy trial, and that this is an appropriate exclusion of time for defense preparation within the meaning of 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) (Local Code T4).
Respectfully submitted,
DANIEL BRODERICK
Federal Defender
MICHAEL PETRIK, Jr.
Assistant Federal Defender
BENJAMIN B. WAGNER
United States Attorney
SAMANTHA S. SPANGLER
Assistant U.S. Attorney
ORDER
The Court orders that the status conference be continued from September 29, 2011, at 9:00 a.m., to October 13, 2011, at 9:00 a.m. The Court also orders time excluded from the date of this order through the status conference on October 13, 2011, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) (Local Code T4). For the reasons stated above, the Court also finds that the ends of justice served by granting defendant's request for a continuance outweigh the best interest of the public and defendant in a speedy trial.
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE