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United States v. Austin

United States District Court, E.D. California
Feb 24, 2006
No. CR. S-05-269 LKK (E.D. Cal. Feb. 24, 2006)

Opinion

No. CR. S-05-269 LKK.

February 24, 2006

McGREGOR W. SCOTT, United States Attorney, SAMUEL WONG, Assistant U.S. Attorney, Sacramento, California.


ORDER EXCLUDING TIME UNDER SPEEDY TRIAL ACT AND SCHEDULING STATUS CONFERENCE


On January 31, 2006, the parties appeared before the Court for a status conference hearing. Assistant United States Attorney Samuel Wong appeared on behalf of the United States. Steven Bauer, Esq., appeared with defendant Lorenzo Austin.

Mr. Bauer advised the Court that the defense investigator needed additional time to complete the investigation designed to aid Austin's defense. Mr. Bauer requested a delay in the court proceedings to allow the investigator time to complete this work, and also asked for a new status conference hearing on February 28, 2006, at 9:30 a.m.

The United States advised the Court that it had no objection to Mr. Bauer's request so long as the Court excluded time under the Speedy Trial Act, pursuant to Local Code T4, for defense preparation from January 31, 2006, to and including February 28, 2006.

Based on the foregoing and good cause appearing therefrom, the Court ordered that a status conference shall be held on February 28, 2006, at 9:30 a.m. The Court excluded time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to Local Code T4, for defense preparation from January 31, 2006, to and including February 28, 2006.

The Court finds that the failure to grant a continuance in this case would deny Austin's counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court specifically finds that the ends of justice served by the granting of such continuance outweigh the interests of the public and Austin in a speedy trial.

It is so ordered.


Summaries of

United States v. Austin

United States District Court, E.D. California
Feb 24, 2006
No. CR. S-05-269 LKK (E.D. Cal. Feb. 24, 2006)
Case details for

United States v. Austin

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. LORENZO AUSTIN, Defendant

Court:United States District Court, E.D. California

Date published: Feb 24, 2006

Citations

No. CR. S-05-269 LKK (E.D. Cal. Feb. 24, 2006)