Opinion
Case No. 2:03-CR-297PGC
May 19, 2003
STATUS ORDER
The above-captioned action came on for an arraignment this 13th day of May, 2003. The defendant was represented by Assistant Federal Defender, Chelsea Koch. The United States was represented by Assistant U.S. Attorney, Mark Y. Hirata. The defendant entered a not guilty plea to all counts in the indictment. AUSA Hirata advised the Court that the government will proceed by open file discovery, that the government's files consists of a large volume of documents, and that there are numerous witnesses related to the case. AUSA Hirata also requested the same conditions of pretrial release imposed by the U.S. District Court for the Northern District of California. In addition, AUSA Hirata requested that the defendant's travel outside the State of California be limited to attending any court proceedings in this case and travel for any other reason be authorized through pretrial services.
The Court, having considered the statements of counsel, makes the following findings of fact:
1. This case is complex and involves a large volume of documents.
2. Despite defense counsel's exercise of due diligence, the failure to grant a trial continuance and additional status conference in this case would deny the defendant and his counsel the reasonable time necessary for effective pre-trial preparation, including the preparation and filing of all pretrial motions.
3. The ends of justice served by granting a trial continuance and additional status conference outweigh the best interest of the public and the defendant in a speedy trial.
Based on the foregoing findings of fact,
IT IS ORDERED that:
1. This case is set for a status conference on July 14, 2003, at 9:00 a.m. At such time, the defense will identify all pretrial motions, if any, it intends to file. In addition, the Court may at such time set a trial date.
2. The period of delay between May 12, 2003 and July 14, 2003, is excluded, pursuant to 18 U.S.C. § 3161(h)(8)(A) and § 3161(h)(8)(B), from the time within which trial of this case must commence.
3. The defendant is subject to all conditions of pretrial release imposed by the U.S. District Court for the Northern District of California. In addition, the defendant's travel outside the State of California shall be limited to attending any court proceedings or other related matters in this case. Out-of-state travel for any other reason must be authorized through pretrial services.