Opinion
No. 2:08-CR-00483 KJM
08-24-2011
UNITED STATES OF AMERICA, Plaintiff, v. KEVIN WISE, Defendant.
DANIEL J. BRODERICK Federal Defender TIMOTHY ZINDEL Assistant Federal Defender Attorney for KEVIN WISE BENJAMIN B. WAGNER United States Attorney T. Zindel for W. Wong WILLIAM S. WONG Assistant U.S. Attorney
DANIEL J. BRODERICK, Bar #89424
Federal Defender
TIMOTHY ZINDEL, Bar #158377
Assistant Federal Defender
Attorney for Defendant
KEVIN WISE
STIPULATION AND ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME
Judge: Kimberly J. Mueller
IT IS HEREBY STIPULATED AND AGREED between plaintiff, United States of America, and defendant, Kevin Wise, through their respective attorneys, that the status conference presently scheduled for August 25, 2011, may be continued to November 3, 2011, at 10:00 a.m.
First, counsel for defendant is in the middle of an evidentiary hearing before the Honorable Frank C. Damrell in USA v. Scanio and have been ordered to return tomorrow at 10:00 a.m. Secondly, I recently reviewed with defendant the result of our research and I need to give him time to think and I will need additional time to speak with the government. However, I will be gone on family medical leave from September 12, 2011 for 5 weeks and will not be available to complete that task until I return, so we exclude time to afford continuity of counsel, as well as to give defendant and the government time to complete their research and negotiations.
The parties agree, for the above reasons, that the ends of justice to be served by the granting of a continuance outweigh the best interests of the public and the defendant in a speedy trial, and that time under the Speedy Trial Act should be excluded through November 3, 2011, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
Respectfully submitted,
DANIEL J. BRODERICK Federal Defender
TIMOTHY ZINDEL
Assistant Federal Defender
Attorney for KEVIN WISE
BENJAMIN B. WAGNER
United States Attorney
T. Zindel for W. Wong
WILLIAM S. WONG
Assistant U.S. Attorney
ORDER
The status conference set for August 25, 2011 is continued to November 3, 2011, at 10:00 a.m. For the reasons set forth above, the court finds that the ends of justice to be served by a continuance outweigh the best interests of the public and the defendant in a speedy trial and therefore excludes time through November 3, 2011, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
IT IS SO ORDERED.
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UNITED STATES DISTRICT JUDGE