Opinion
No. 11-cr-0714 (JLL)
08-14-2012
UNITED STATES OF AMERICA v. Kenneth Roberts
David L. Foster Assistant U.S. Attorney Carol Gillen, Esq. Counsel for Kenneth Roberts
Hon. Jose L. Linaxes
ORDER FOR CONTINUANCE
An indictment charging defendant Kenneth Roberts with one count of being a felon in possession of a firearm, in violation of Titles 18, United States Code, Section 922 (g)(1), having been filed on October 19, 2011; and defendant Kenneth Roberts having been represented by Carol Gillen, AFPD,- and no bail having been set by the Court; and defendant his counsel being aware that a trial must fee held within 70 days of the filing of the Indictment on these charges, pursuant to Title 18, United States Code, Section 3161(b); and one continuance having previously been granted by the Court pursuant to Title 1s, United States Code, Section 3161(h)(7) (A); the Government and defendant hereby request a continuance pursuant to Title 18, United States Code, Section 3161(h)(7)(A) in order to permit the time necessary to afford the parties the opportunity to reach a plea agreement which would thereby render trial of this matter unnecessary;
IT IS on this ___ day of August, 2012
ORDERED that from the date this Order is entered, to and including October 1, 2012,'shall be excluded in calculating the time within which a trial must be held under the Speedy Trial Act for the following reasons:
1. Plea negotiations currently are in progress, and both the United States and defendants desire additional time to negotiate pleas in Court, which would thereby render trial of this matter unnecessary.
2. Pursuant to Title 18, united States Code, Section 3161(h) (7) (A), the ends of justice served by granting the continuance outweigh the best interest of the public and the defendants in a speedy trial. SEEN AND AGREED: ______________
David L. Foster
Assistant U.S. Attorney
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Carol Gillen, Esq.
Counsel for Kenneth Roberts
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HONORABLE JOSE L. LINARES
United States District Judge