Opinion
Case No: 10cr191 JAM
08-05-2011
UNITED STATES OF AMERICA, Plaintiff, v. Todd Allen Smith, et. al. Defendants.
PATRICK K. HANLY Attorney for Defendant Darrin Johnston PATRICK K. HANLY For Douglas Beevers Attorney for Defendant Cheryl Peterson PATRICK K. HANLY For Bruce Locke Attorney for Defendant Todd Allen Smith Todd Pickles Assistant United States Attorney
Law Offices of Patrick K. Hanly
Patrick K. Hanly (SBN 128521)
Attorneys for Defendant
Darrin Johnston
STIPULATION AND ORDER CONTINUING STATUS CONFERENCE
AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT
Date: 8-9-11
Time: 9:30 a.m.
Courtroom: Honorable John A. Mendez
Defendants Darrin Johnston, Todd Smith and Cheryl Peterson by and through their undersigned defense counsel and plaintiff United States of America, through its counsel, Assistant United States Attorney Todd Pickles, agree and stipulate that the current status conference set for August 9, 2011, in the above case, shall be re-scheduled for September 6, 2011 at 9:30 a.m.
The parties further agree and stipulate that under 18 U.S.C. §3161(h)(7)(B) (iv), and Local Code T4, time from the date of this stipulation shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act until and including September 6, 2011, for counsel preparation time and to permit the parties to further investigate, review and complete the exchange of discovery, and prepare the case for further proceedings. The parties further stipulate and agree that the interests of justice served by granting the continuance outweigh the best interests of the public and the defendant in a speedy trial.
The Court is advised that all counsel have conferred about this request, that they have agreed on the September 6, 2011, date, and that all defense counsel have authorized Mr. Hanly to sign this stipulation on their behalf.
IT IS SO STIPULATED.
PATRICK K. HANLY
Attorney for Defendant
Darrin Johnston
PATRICK K. HANLY
For Douglas Beevers
Attorney for Defendant
Cheryl Peterson
PATRICK K. HANLY
For Bruce Locke
Attorney for Defendant
Todd Allen Smith
Todd Pickles
Assistant United States Attorney
ORDER
The court adopts the stipulation as its Order and finds that the time from the date of this stipulation shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act until and including September 6, 2011, for counsel preparation time and to permit the parties to further investigate, review and complete the exchange of discovery, and prepare the case for further proceedings. The Court further finds, based upon the stipulation of the parties, that the interests of justice served by granting the continuance outweigh the best interests of the public and the defendant in a speedy trial.
IT IS SO ORDERED.
HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE