Opinion
STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; ORDER
MORRISON C. ENGLAND, Jr., Chief District Judge.
1. By previous order, this matter was set for status on March 19, 2015.
2. By this stipulation, defendants now move to continue the status conference until April 9, 2015, and to exclude time between March 19, 2015, and April 9, 2015, under Local Code T4.
3. The parties agree and stipulate, and request that the Court find the following:
b) Counsel for defendant desires additional time to accumulate and review medical reports related to the defendant, and to review electronic evidence.
BENJAMIN B. WAGNER, United States Attorney, MATTHEW G. MORRIS, Assistant United States Attorney, Sacramento, CA, Attorneys for Plaintiff United States of America.
RONALD PETERS, Counsel for Defendant Samuel Thompson.
c) Counsel for defendants believe that failure to grant the above-requested continuance would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
a) The government has represented that the discovery associated with this case includes agent reports and electronic evidence contained on computers. All of this discovery has been either produced directly to counsel and/or made available for inspection or copying. Defense counsel and the law enforcement agents are arranging for a review of materials that cannot be turned over directly due to the provisions of 18 U.S.C. § 3509(m).
d) The government does not object to the continuance.
e) Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.
f) For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of March 19, 2015 to April 9, 2015, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) [Local Code T4] because it results from a continuance granted by the Court at defendants' request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.
4. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.
IT IS SO STIPULATED.
ORDER
IT IS SO ORDERED.