Opinion
KYLE R. KNAPP, ATTORNEY AT LAW, Sacramento, CA, Attorney for Defendant, ALGERNON TAMASOA.
MATTHEW BOCKMON, Attorney for Defendant, Epati Malauulu.
JEFFREY STANIELS, Attorney for Defendant, JOHN ORTIZ.
DOUGLAS HORNGRAD Attorney for Defendant, FRANCISCO POLOAI.
BENJAMIN B. WAGNER, UNITED STATES ATTORNEY, CHRISTIAAN HIGHSMITH, Assistant U.S. Attorney, Attorney for Plaintiff.
STIPULATION AND ORDER CONTINUING CASE AND EXCLUDING TIME
JOHN A. MENDEZ, District Judge.
IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Christiaan Highsmith, Assistant United States Attorney, attorney for plaintiff, together with Matthew Bockmon, attorney for defendant Epati Malauulu, Jeffrey Staniels, attorney for defendant John Ortiz, Kyle Knapp, attorney for defendant Algernon Tamasoa; Douglas Horngrad, attorney for Francisco Poloai, that the previously-scheduled status conference, currently set for July 28, 2015, be vacated and that the matter be set for status conference on September 15, 2015 at 9:15 a.m.
Counsel have conferred and this continuance is requested to allow defense counsel additional time to review the discovery, met again with our clients, investigate possible defenses and to continue exploring the facts of the case.
IT IS FURTHER STIPULATED that the ends of justice served by the granting of such a continuance outweigh the best interests of the public and the defendant in a speedy trial and that time within which the trial of this case must be commenced under the Speedy Trial Act should therefore be excluded under 18 U.S.C. Section 3161(h)(7)(B) (iv), corresponding to Local Code T-4 (to allow defense counsel time to prepare) from the date of the parties' stipulation, July 24, 2015, up to and including September 15, 2015.
IT IS SO STIPULATED.
ORDER
The Stipulation of the parties is hereby accepted and the requested continuance is GRANTED. This matter shall be dropped from this court's July 28, 2015 criminal calendar and re-calendared for status conference on September 15, 2015.
Based on the representations of the parties the court finds that the ends of justice served by granting this continuance outweigh the interests of the public and the defendant in a speedy trial. Time is excluded from the time of the filing of this stipulation on July 24, 2015, through and including September 15, 2015.
IT IS SO ORDERED.