Opinion
HEATHER E. WILLIAMS, Federal Defender, NOA E. OREN, Assistant Federal Defender, Designated Counsel for Service, Sacramento, California, Attorney for Defendant TIMNESHA WILSON.
SCOTT A. SUGARMAN, Attorney for Defendant JERMILA McCOY.
DAVID L. ANDERSEN, Attorney for Defendant ZEFFREY CAIN.
BENJAMIN B. WAGNER, United States Attorney, JARED DOLAN, Assistant U.S. Attorney, Attorney for Plaintiff.
AMENDED STIPULATION TO CONTINUE STATUS CONFERENCE AND TO EXCLUDE TIME
MORRISON C. ENGLAND, Jr., District Judge.
IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Jared Dolan, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender, Noa Oren, attorney for Timnesha Wilson, defendant, Jermila McCoy, by and through her counsel, Scott A. Sugarman, and defendant, Zeffrey Cain, by and through his counsel David L. Anderson that the status conference set for September 24, be continued to November 19, 2015, at 9:00 a.m.
The reason for this continuance is to allow defense counsel additional time to review discovery with the defendant, to examine possible defenses and to continue investigating the facts of the case.
Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded of this order's date through and including November 19, 2015; pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and General Order 479, Local Code T4 based upon continuity of counsel and defense preparation.
Counsel and the defendant also agree that the ends of justice served by the Court granting this continuance outweigh the best interests of the public and the defendant in a speedy trial.
ORDER
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing, adopts the stipulation in its entirety as its order. The Court specifically finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice served by granting the continuance outweigh the best interests of the public and defendant in a speedy trial. The Court orders the status conference rescheduled for November 19, 2015, at 9:00 a.m. The Court orders the time from the date of the parties stipulation, up to and including November 19, 2015, excluded from computation of time within which the trial of this case must commence under the Speedy Trial Act, pursuant to 18 U.S.C. §§3161(h)(7), and Local Code T4.
IT IS SO ORDERED.