Opinion
Cr.S. 10-377-WBS
01-31-2012
UNITED STATES OF AMERICA, Plaintiff, v. JAMES BERGHUIS, Defendant.
DANIEL J. BRODERICK, Bar# 89424 Federal Defender MATTHEW M. SCOBLE, Bar# 237432 Assistant Federal Defender Attorney for Defendant JAMES BERGHUIS
DANIEL J. BRODERICK, Bar# 89424
Federal Defender
MATTHEW M. SCOBLE, Bar# 237432
Assistant Federal Defender
Attorney for Defendant
JAMES BERGHUIS
STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE
DATE: March 12, 2012
JUDGE: Hon. William B. Shubb
It is hereby stipulated and agreed to between the United States of America through TODD PICKLES Assistant U.S. Attorney, and defendant, JAMES BERGHUIS by and through his counsel, MATTHEW M. SCOBLE Assistant Federal Defender, that the status conference set for Monday, February 6, 2012, be continued to Monday, March 12, 2012, at 9:30 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. This is a complex case with thousands of pages of discovery, comprised largely of financial records. The defense was recently notified by the
Defendant's tax attorney, Steven Mopsick, that a number of documents had been received that would be relevant to the Defendant's criminal case. Mr. Mopsick will be providing those documents to the defense, forthwith. The Defense did not anticipate this, and needs the additional time to review these new materials.
Speedy trial time is to be excluded from the date of this order through the date of the status conference set for March 12, 2012, pursuant to 18 U.S.C. §§ 3161 (h)(8)(B)(iv) [reasonable time to prepare] (Local Code T4).
Respectfully submitted,
DANIEL J. BRODERICK
Federal Defender
___________________________
MATTHEW M. SCOBLE
Assistant Federal Defender
Attorney for Defendant
JAMES BERGHUIS
BENJAMIN B. WAGNER
United States Attorney
Matthew M. Scoble for:
TODD PICKLES
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
IT IS HEREBY ORDERED that this matter is continued to Monday, March 12, 2012, at 9:30 a.m., for further status conference.
IT IS FURTHER ORDERED that pursuant to 18 U.S.C. §3161 (h)(7)(A) and (B)(iv) and Local Code T4, the period from the date of this stipulation, January 31, 2012, up to and including March 12, 2012, is excluded from the time computations required by the Speedy Trial Act due to ongoing preparation of counsel, and that the ends of justice served by granting this continuance outweigh the best interests of the public and the defendants in a speedy trial.
___________________________
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE