Opinion
CASE NO. 10-CR-178 MCE
10-17-2011
UNITED STATES OF AMERICA, Plaintiff, v. JAKE WEATHERS, et al Defendants.
BENJAMIN B. WAGNER Unite4d States Attorney Russell L. Carlberg RUSSELL L. CARLBERG Assistant United States Attorney Russell Carlberg for Joseph Wiseman, Esq. Attorney for Defendant Frederick Davis
BENJAMIN B. WAGNER
United States Attorney
RUSSELL L. CARLBERG
Assistant United States Attorney
STIPULATION AND ORDER
DATE: October 13, 2011
TIME: 9:00 AM
JUDGE: Hon. Morrison England
It is hereby stipulated and agreed to between the United States of America through Russell Carlberg, Assistant U.S. Attorney, and defendant Frederick Davis, by and through his attorney, Joseph Wiseman, Esq., that the status conference of October 13, 2011 be vacated and that a status conference be re-set for November 10, 2011 at 9:00 AM.
This continuance is being requested because the government has recently proffered plea offers and counsel needs additional time to discuss them with their clients. Additionally, the defense continues to prepare and to review the discovery provided in this case, which includes property loan files.
Counsel agree that the time between the signing of the requested order and November 10, 2011 will be excluded from the speedy trial calculation pursuant to 18 U.S.C. §3161(h)(7)(A) and (B) (Local Code T4) in that the defendants' and the public's interest in a speedy trial are outweighed by the interests of justice in permitting counsel adequate time to prepare.
Respectfully submitted,
BENJAMIN B. WAGNER
Unite4d States Attorney
Russell L. Carlberg
RUSSELL L. CARLBERG
Assistant United States Attorney
Russell Carlberg for
Joseph Wiseman, Esq.
Attorney for Defendant Frederick Davis
ORDER
The status conference in the above-entitled matter, scheduled for October 13, 2011, is hereby vacated and the matter continued to November 10, 2011, at 9:00 AM for further status conference. The Court finds that time under the Speedy Trial Act shall be excluded through that date in order to afford counsel reasonable time to prepare. 18 U.S.C. §3161(h)(7)(A) and (B) (Local Code T4). Based on the parties' representations, the Court finds that the ends of justice served by granting a continuance outweigh the best interests of the public and the defendants to a speedy trial.
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE