Opinion
No. CR-S-11-454 GEB
07-05-2012
UNITED STATES OF AMERICA, Plaintiff, v. JOSEPH ANDRADE and JONATHAN SHERMAN, Defendants.
JOHN R. MANNING (SBN 220874) ATTORNEY AT LAW Attorney for Defendant JOSEPH ANDRADE
JOHN R. MANNING (SBN 220874)
ATTORNEY AT LAW
Attorney for Defendant
JOSEPH ANDRADE
STIPULATION AND [PROPOSED ORDER] CONTINUING STATUS CONFERENCE
Judge: Honorable Garland E. Burrell, Jr.
IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Jill M. Thomas, Assistant United States Attorney, together with counsel for defendant Jonathan Sherman, Shari Rusk, Esq., and counsel for defendant Joseph Andrade, John R. Manning, Esq., that the status conference presently set for July 6, 2012, be continued to September 7, 2012, at 9:00 a.m., thus vacating the presently set status conference.
Further, all of the parties, the United States of America and the defendants as stated above, hereby agree and stipulate that the ends of justice served by the granting of such a continuance outweigh the best interests of the public and the defendants in a speedy trial and that time under the Speedy Trial Act should therefore be excluded under Title 18, United States Code Section 3161(h)(7)(A) and (B)(ii) and (iv) and Local Code T-4 (to allow defense counsel time to prepare) from the date of the parties stipulation, July 5 2012, to and including September 7, 2012. Currently the discovery in this case includes 2,962 pages, 14 video DVDs, and 1 audio CD. The defense requests more time to review the discovery and conduct investigation.
IT IS SO STIPULATED.
________________
SHARI RUSK
Attorney for Defendant
Jonathan Sherman
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JOHN R. MANNING Attorney for Defendant
Joseph Andrade
Benjamin B. Wagner
United States Attorney
by: ________________
JILL M. THOMAS
Assistant U.S. Attorney
ORDER
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. Based on the stipulation of the parties and the recitation of facts contained therein, the Court finds that it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in 18 U.S.C. § 3161. In addition, the Court specifically finds that the failure to grant a continuance in this case would deny defense counsel to this stipulation reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and the defendants in a speedy trial.
The Court orders that the time from the date of the parties' stipulation, July 5, 2012, to and including September 7, 2012, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(ii) and (iv), and Local Codes T4 (reasonable time for defense counsel to prepare). It is further ordered that the July 6, 2012, status conference shall be continued until September 7, 2012, at 9:00 a.m. IT IS SO ORDERED.
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GARLAND E. BURRELL, JR.
United States District Judge