Opinion
2:21-CR-00179-TLN
10-24-2022
UNITED STATES OF AMERICA, Plaintiff, v. ANGEL SANTIAGO RIVERA Defendant.
HEATHER E. WILLIAMS Federal Defender NOA E. OREN Assistant Federal Defender Attorney for Defendant ANGEL SANTIAGO RIVERA PHILLIP TALBERT United States Attorney JAMES CONOLLY Assistant United States Attorney Attorney for Plaintiff ANGEL SANTIAGO RIVERA
HEATHER E. WILLIAMS
Federal Defender
NOA E. OREN
Assistant Federal Defender
Attorney for Defendant
ANGEL SANTIAGO RIVERA
PHILLIP TALBERT
United States Attorney
JAMES CONOLLY
Assistant United States Attorney
Attorney for Plaintiff
ANGEL SANTIAGO RIVERA
STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME
TROY L. NUNLEY, UNITED STATES DISTRICT JUDGE,
IT IS HEREBY STIPULATED by and between Phillip A. Talbert, United States Attorney, through James Conolly, Assistant United States Attorney and attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender, Noa E. Oren, that the status conference for October 27, 2022 be continued to November 17, 2022 at 9:30 a.m.
The reason for this continuance is to allow defense counsel additional time to review discovery and investigate avenues for mitigation. The government has offered a plea in this case and defense counsel requires additional time to review the offer with her client.
Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded from the date of the parties stipulation through and including November 17, 2022; pursuant to 18 U.S.C.§3161 (h)(7)(A) and (B)(iv)[reasonable time to prepare] and General Order 479, Local Code T4 based upon continuity of counsel and defense preparation.
Counsel and the defendants also agree that the ends of justice served by the Court granting this continuance outweigh the best interests of the public and the defendants in a speedy trial.
ORDER
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing, adopts the stipulation in its entirety as its order. The Court specifically finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice served by granting the continuance outweigh the best interests of the public and defendants in a speedy trial.
The Court orders the status conference scheduled for October 27, 2022 be continued to November 17, 2022 at 9:30 a.m. The Court orders the time from the date of the parties' stipulation, up to and including November 17, 2022, excluded from computation of time within which the trial of this case must commence under the Speedy Trial Act, pursuant to 18 U.S.C. §§3161(h)(7), and Local Code T4.