Opinion
No. 2:08-CR-00483 KJM
08-01-2011
UNITED STATES OF AMERICA, Plaintiff, v. KEVIN WISE, Defendant.
DANIEL J. BRODERICK, Bar #89424 Federal Defender TIMOTHY ZINDEL, Bar #158377 Assistant Federal Defender Attorney for Defendant KEVIN WISE
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 4, 2011, may be continued to August 25, 2011, at 10:00 a.m.
The parties previously requested a status date of September 1 with an exclusion of time to afford additional preparation time. The Court instead set a status conference for August 4, 2011. Counsel for Mr. Wise has been scheduled for several weeks to appear in District Court in Juneau, Alaska on August 4 for a change of plea in a case involving a mentally-handicapped Sacramento man. The Alaska appearance was difficult to schedule because the District Judge, who keeps chambers in Anchorage, travels to Juneau irregularly; both the defendant and defense counsel must also travel and their travel arrangements have been made.
Mr. Wise's case is not yet ready to be scheduled for plea or trial. The defense is completing research concerning the application of various guideline provisions and sentencing statutes to the case. Mr. Wise was prosecuted in state and federal court in Nevada for the same series of events relating to firearms possession. The U.S. Attorney dismissed the federal charges pending in Reno. The court in Washoe County placed Mr. Wise on probation and Mr. Wise has now successfully completed that sentence. Defense counsel's research concerns how these other prosecutions may affect the prosecution and the sentence (if there will be one) in this district. The research is not yet complete and has yet to be reviewed with Mr. Wise. Mr. Wise is out of custody and employed.
So that the defense may complete its research and consult with Mr. Wise, 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 August 25, 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 is continued from August 4, 2011 to August 25, 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 August 25, 2011, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
IT IS SO ORDERED.
UNITED STATES DISTRICT JUDGE ____