Opinion
No. 2:11-cr-00215-MCE
08-22-2011
UNITED STATES OF AMERICA, Plaintiff, v. GERALD DONALD TAYLOR, Defendant.
M. Petrik for JILL M. THOMAS Assistant U.S. Attorney
DANIEL J. BRODERICK, Bar #89424
Federal Defender
MICHAEL PETRIK, Jr., Bar #177913
Assistant Federal Defender
Designated Counsel For Service
Attorneys for Defendant
GERALD DONALD TAYLOR
STIPULATION AND TO SET MOTION
HEARING ON OCTOBER 27, 2011, AT
9:00 A.M.; PROPOSED BRIEFING SCHEDULE
Date: August 25, 2011
Time: 9:00 a.m.
Judge: Hon. Morrison C. England
THE PARTIES STIPULATE, through counsel, Jill Thomas, Assistant United States Attorney, and Michael Petrik, Jr., attorney for Mr. Taylor, that the Court should vacate the Status Conference scheduled for August 25, 2011, at 9:00 a.m., and set a hearing on defendant's motion to suppress on October 27, 2011, at 9:00 a.m.
Counsel for Mr. Taylor requires this time to review discovery, confer with Mr. Taylor, and to prepare motions on behalf of Mr. Taylor.
The parties stipulate that Mr. Taylor will file motions on or before September 22, 2011; that the government will file an opposition on or before October 13, 2011; and that Mr. Taylor may file an optional reply on or before October 20, 2011.
The parties also stipulate that the Court should exclude the period from the date of this order through October 27, 2011, when it computes the time within which the trial of the above criminal prosecution must commence for purposes of the Speedy Trial Act. The parties stipulate that the ends of justice served by granting Mr. Taylor's request outweigh the best interest of the public and Mr. Taylor in a speedy trial, and that this is an appropriate exclusion of time for defense preparation within the meaning of 18 U.S.C. § 3161(h)(7)(A) and (B) (Local Code T4).
Respectfully submitted,
DANIEL BRODERICK
Federal Defender
MICHAEL PETRIK, Jr.
Assistant Federal Defender
BENJAMIN B. WAGNER
United States Attorney
M. Petrik for
JILL M. THOMAS
Assistant U.S. Attorney
ORDER
IT IS SO ORDERED. The Court orders time excluded from the date of this order through the hearing on October 27, 2011, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B) (Local Code T4). For the reasons set forth above, the Court finds that the ends of justice served by granting Mr. Taylor's request for a continuance outweigh the best interest of the public and Mr. Taylor in a speedy trial.
Dated: August 24, 2011
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE