Opinion
No. 2:10-MJ-0264 GGH
09-28-2011
UNITED STATES OF AMERICA, Plaintiff, v. ROBERT RONNING, Defendant.
MICHAEL E. HANSEN Attorney for Defendant ROBERT RONNING BENJAMIN B. WAGNER United States Attorney Michael E. Hansen for JILL THOMAS Assistant U.S. Attorney Attorney for Plaintiff
Michael E. Hansen [CSBN 191737]
Attorney-at-Law
Attorney for Defendant
ROBERT RONNING
STIPULATION AND ORDER TO CONTINUE PRELIMINARY
EXAMINATION, AND TO EXCLUDE TIME PURSUANT TO THE SPEEDY TRIAL ACT
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Jill Thomas, Assistant United States Attorney, attorney for plaintiff, and Michael E. Hansen, attorney for defendant Robert Ronning, that the previously-scheduled preliminary examination date of October 6, 2011, be vacated and the matter set for preliminary examination on December 13, 2011, at 11:00 a.m.
This continuance is requested to allow counsel additional time to review discovery with the defendant, to examine possible defenses and to continue investigating the facts of the case, as well as engage in plea negotiations.
The Government concurs with this request.
Further, the parties agree and stipulate the ends of justice served by the granting of such a continuance outweigh the best interests of the public and the defendant in a speedy trial and that time within which the trial of this case must be commenced under the Speedy Trial Act should therefore be excluded under 18 U.S.C. section 3161(h)(7)(B)(iv), corresponding to Local Code T-4 (to allow defense counsel time to prepare), from the date of the parties' stipulation, September 27, 2011, to and including December 13, 2011.
Accordingly, the parties respectfully request the Court adopt this proposed stipulation.
IT IS SO STIPULATED.
Respectfully submitted,
MICHAEL E. HANSEN
Attorney for Defendant
ROBERT RONNING
BENJAMIN B. WAGNER
United States Attorney
Michael E. Hansen for
JILL THOMAS
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. Based on the stipulation of the parties and the recitation of facts contained therein, the Court finds that it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in 18 U.S.C. section 3161. In addition, the Court specifically finds that the failure to grant a continuance in this case would deny defense counsel to this stipulation reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and the defendant in a speedy trial.
The Court orders that the time from the date of the parties' stipulation, September 27, 2011, to and including December 13, 2011, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. section 3161(h)(7)(B)(iv), and Local Code T4 (reasonable time for defense counsel to prepare). It is further ordered that the October 6, 2011, preliminary examination shall be continued until December 13, 2011, at 11:00 a.m.
IT IS SO ORDERED.
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE