Opinion
Criminal Case No. 12-cr-00368-CMA
09-28-2012
UNITED STATES OF AMERICA, Plaintiff, v. JOHN R. STEVENS, Defendant.
Judge Christine M. Arguello
ORDER TO EXCLUDE TIME FROM SPEEDY TRIAL ACT
AND VACATE TRIAL DATES
This matter is before the Court on Defendant's Unopposed CJA Motion To Vacate Trial Date and to Exclude Time from Speedy Trial Calculation (Doc. # 17). The Court has reviewed this motion and the case file, and the reasons set forth in the motion, specifically CJA counsel's concerns regarding Defendant's mental condition.
Upon review, the Court finds pursuant to 18 U.S.C. § 3161(h)(1)(A) that the ends of justice served by granting the motion outweigh the best interests of the public and the Defendant in a speedy trial. It is, therefore,
ORDERED that Defendant's Unopposed Motion To Vacate Trial Date and to Exclude Time from Speedy Trial Calculation (Doc. # 17) is GRANTED. The Court hereby grants an ends of justice continuance in this case of 120 days, which shall be excluded from the speedy trial clock, which currently stands at November 4, 2012.
IT IS FURTHER ORDERED that counsel shall submit a copy of any competency evaluation to the Court within 90 days from the date of this Order.
IT IS FURTHER ORDERED that the Final Trial Preparation Conference, set for October 22, 2012, and the five-day Jury Trial, set to commence on October 29, 2012, are VACATED. These dates will be reset at a status conference, to be set at a later date.
BY THE COURT:
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CHRISTINE M. ARGUELLO
United States District Judge