Opinion
NO. 1:11-cr-00192 AWI
01-13-2012
UNITED STATES OF AMERICA, Plaintiff, v. RALPH MICHAEL SMITH, Defendant.
BENJAMIN B. WAGNER United States Attorney BRIAN ENOS Assistant United States Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Defender ERIC V. KERSTEN Assistant Federal Defender Attorney for Defendant RALPH MICHAEL SMITH
DANIEL J. BRODERICK, Bar #89424
Federal Defender
ERIC V. KERSTEN, Bar #226429
Assistant Federal Defender
Counsel for Defendant
RALPH MICHAEL SMITH
STIPULATION TO CONTINUE STATUS
CONFERENCE AND ORDER
Judge: Hon. Anthony W. Ishii
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, BRIAN ENOS, Assistant United States Attorney, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for defendant, Ralph Michael Smith, that the date for status conference may be continued to February 27, 2012, or the soonest date thereafter that is convenient to the court. The date currently set for status conference is January 17, 2012, at 9:00 a.m. The requested new date is February 27, 2012, at 9:00 a.m.
The parties are currently engaged in plea negotiations. The defense is conducting investigation relevant to these negotiations, and for trial preparation in the event the negotiations are unsuccessful. It is anticipated that Mr. Smith will either enter a plea agreement, or the parties will request a trial date at the next status conference.
The parties agree that the delay resulting from the continuance shall be excluded as necessary for defense preparation pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv). For this reason, the ends of justice served by the granting of the requested continuance outweigh the interests of the public and the defendants in a speedy trial.
BENJAMIN B. WAGNER
United States Attorney
By Brian Enos
BRIAN ENOS
Assistant United States Attorney
Attorney for Plaintiff
DANIEL J. BRODERICK
Federal Defender
By Eric V. Kersten
ERIC V. KERSTEN
Assistant Federal Defender
Attorney for Defendant
RALPH MICHAEL SMITH
ORDER
IT IS SO ORDERED. The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
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CHIEF UNITED STATES DISTRICT JUDGE