Opinion
No. Cr.S. 11-228-JAM
10-14-2011
UNITED STATES OF AMERICA, Plaintiff, v. ERIC LEE ROSENBERG, Defendant.
DANIEL BRODERICK Federal Defender BENJAMIN GALLOWAY Assistant Federal Defender Attorney for Defendant BENJAMIN B. WAGNER United States Attorney Benjamin Galloway for WILLIAM WONG Assistant U.S. Attorney Attorney for Plaintiff
DANIEL BRODERICK, Bar #89424
Federal Defender
BENJAMIN GALLOWAY, Bar #214897
Assistant Federal Defender
Attorney for Defendant
ERIC LEE ROSENBERG
STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE
Judge: Honorable John A. Mendez
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, WILLIAM WONG, Assistant United States Attorney, attorney for plaintiff, and BENJAMIN GALLOWAY, Assistant Federal Defender, attorney for defendant, that the status conference set for October 18, 2011, at 9:30 a.m., be rescheduled to November 15, 2011, at 9:30 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, the parties anticipate receiving the previously ordered pre-plea presentence report in the near future. Once that report is received, the parties will endeavor to reach a negotiated resolution of this matter.
The parties agree that time under the Speedy Trial Act should be excluded from the date of this stipulation, October 13, 2011, through and including November 15, 2011, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), for preparation of defense counsel, and Local Code T4.
Respectfully submitted,
DANIEL BRODERICK
Federal Defender
BENJAMIN GALLOWAY
Assistant Federal Defender
Attorney for Defendant
BENJAMIN B. WAGNER
United States Attorney
Benjamin Galloway for
WILLIAM WONG
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
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 necessary 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. Based on these findings and pursuant to the stipulation of the parties, the Court hereby adopts the stipulation of the parties in its entirety as its order. Time is excluded from computation of time within which the trial of this matter must be commenced beginning from the date of the stipulation, October 13, 2011, through and including November 15, 2011, pursuant to 18 U.S.C. §3161(h)(7)(A) and (B)(iv) [reasonable time for defense counsel to prepare] and Local Code T4. A new status conference date is hereby set for November 15, 2011, at 9:30 a.m..
JOHN A. MENDEZ
United States District Judge