Opinion
No. CR. S-06-0078 WBS.
November 19, 2007
McGREGOR W. SCOTT, United States Attorney, PHILIP A. FERRARI, Assistant U.S. Attorney, Sacramento, California.
DINA SANTOS, ESQ., Attny. for Calvin Mitchell.
ORDER
It is hereby stipulated by and between the United States of America through its attorney, and defendant Calvin Mitchell, through his attorney, that the status conference hearing set for November 19, 2007 be vacated, and that a jury trial be set for March 4, 2008, and that a Trial Confirmation Hearing be set for February 19, 2008 at 8:30 a.m.
The defendant has retained experts that have conducted independent testing of the drug exhibit as well an audio tape. The defendant needs time to review these results, and prepare for trial on the basis of those results. In addition, counsel for the defendant requires additional time to interview witnesses in preparation for trial. Both parties agree that the time from November 19, 2007, through the trial date of March 4, 2008, can properly be excluded from computation under the speedy trial act so that defense counsel can adequately prepare for trial. 18 U.S.C. § 3161(h)(8)(B)(iv); Local Code T4 (reasonable time to prepare).
IT IS HEREBY ORDERED that:
1. The Status Conference currently set for November 19, 2007, is vacated;
2. Jury trial is set to commence on March 4, 2008 at 9:00 a.m;
3. A Trial Confirmation Hearing is set for February 19, 2008, at 8:30 a.m.; and
4. Based upon the above representations and stipulation of the parties, the Court finds that the ends of justice outweigh the best interest of the public and the defendant in a speedy trial. Accordingly, time under the Speedy Trial Act shall be excluded from November 19, 2007, through March 4, 2008 pursuant to 18 U.S.C. § 3161(h)(8)(B)(iv); Local Code T4 (reasonable time to prepare).
IT IS SO ORDERED.