Opinion
NO. CR-S-10-222 JAM
09-16-2011
UNITED STATES OF AMERICA, Plaintiff, v. CLIFFORD JOSEF YOUNG, and KATHLEEN DOCKSTADER, Defendants.
BENJAMIN B. WAGNER United States Attorney DANIEL BRODERICK Federal Defender DANIEL McCONKIE Assistant U.S. Attorney Attorney for United States LEXI NEGIN Assistant Federal Defender Attorney for Defendant CLIFFORD JOSEF YOUNG OLAF WILLIAM HEDBERG Attorney for Defendant KATHLEEN DOCKSTADER
DANIEL J. BRODERICK, Bar #89424
Federal Defender
LEXI NEGIN, Bar #250376
Assistant Federal Defender
Designated Counsel for Service
Attorney for Defendant
CLIFFORD JOSEF YOUNG
STIPULATION AND ORDER TO CONTINUE
STATUS HEARING AND TO EXCLUDE TIME
PURSUANT TO THE SPEEDY TRIAL ACT
Time: 9:30 a.m.
Judge: Hon. John A. Mendez
It is hereby stipulated and agreed to between the United States of America through Daniel McConkie, Assistant U.S. Attorney, and defendants, CLIFFORD JOSEF YOUNG by and through his counsel, Lexi Negin, Assistant Federal Defender, and KATHLEEN DOCKSTADER by and through her counsel, Olaf William Hedberg, that the status conference set for Tuesday, September 20, 2011, be continued to Tuesday, December 13, 2011, at 9:30 a.m. The reason for this continuance is to allow defense counsel additional time to review discovery with the defendants, to examine possible defenses and to continue investigating the facts of the case. Defense counsel have requested access to a large amount of physical evidence recovered in the case. Due to the schedules of the attorneys for the parties and the expert, that viewing has not been able to take place. A lengthy continuance is sought so that this viewing can take place and the parties can complete the discovery process. All parties are working diligently toward resolving this case.
It is further stipulated that the time period from the date of this stipulation, September 16, 2011, through and including the date of the new status conference hearing, December 13, 2011, shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. §§ 3161(h)(7)(B)(iv)and Local Code T4 [reasonable time for defense counsel to prepare], and that the ends of justice to be served by granting the continuance outweigh the best interest of the public and the defendant to a speedy trial.
A proposed order is attached and lodged separately for the court's convenience.
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
DANIEL BRODERICK
Federal Defender
DANIEL McCONKIE
Assistant U.S. Attorney
Attorney for United States
LEXI NEGIN
Assistant Federal Defender
Attorney for Defendant
CLIFFORD JOSEF YOUNG
OLAF WILLIAM HEDBERG
Attorney for Defendant
KATHLEEN DOCKSTADER
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA, Plaintiff,
v.
CLIFFORD JOSEF YOUNG, and KATHLEEN DOCKSTADER, Defendants.
CASE NO. CR-S-10-222 JAM
ORDER CONTINUING STATUS HEARING AND
EXCLUDING TIME PURSUANT TO THE
SPEEDY TRIAL ACT
For the reasons set forth in the stipulation of the parties, filed on September 16, 2011, IT IS HEREBY ORDERED that the status conference currently scheduled for Tuesday, September 20, 2011, be vacated and that the case be set for Tuesday, December 13, 2011, at 9:30 a.m. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. Accordingly, IT IS HEREBY ORDERED that, for the reasons stated in the parties' September 16, 2011, stipulation, the time under the Speedy Trial Act is excluded from the date of this stipulation, September 16, 2011, through and including December 13, 2011, pursuant to 18 U.S.C. §3161(h)(7)(B)(iv) and Local Code T4, due to the need to provide defense counsel with the reasonable time to prepare.
JOHN A. MENDEZ
United States District Judge