Opinion
No. Cr.S. 09-397-JAM
01-23-2012
UNITED STATES OF AMERICA, Plaintiff, v. JAMES RICHARD GILES, Defendant.
DANIEL BRODERICK, Bar #89424 Federal Defender BENJAMIN GALLOWAY, Bar #214897 Assistant Federal Defender Attorney for Defendant JAMES RICHARD GILES
DANIEL BRODERICK, Bar #89424
Federal Defender
BENJAMIN GALLOWAY, Bar #214897
Assistant Federal Defender
Attorney for Defendant
JAMES RICHARD GILES
STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE
Date: April 3, 2012
Judge: John A. Mendez
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, SAMUEL WONG, Assistant United States Attorney, attorney for plaintiff, and BENJAMIN GALLOWAY, Assistant Federal Defender, attorney for defendant, that the status conference set for January 24, 2012, be vacated and a trial confirmation hearing be set for April 3, 2012 at 9:30 a.m., and a jury trial be set for May 21, 2012 at 9:00 a.m..
The parties remain engaged in settlement discussions and are attempting to work out a possible pretrial resolution of this case. Additional time is needed to complete that process. Further, in the event the case does not resolve pretrial, additional time up until the proposed May 21, 2012, trial date is needed for defense counsel to prepare for trial, to consult with and retain expert witnesses, interview and subpoena percipient witnesses, and conduct additional defense investigation.
The parties agree that: (1) time under the Speedy Trial Act should be excluded from the date of this stipulation, January 23, 2012, through and including May 21, 2012, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), for preparation of defense counsel, and Local Code T4; and (2) the ends of justice served by the granting of the requested continuance outweigh the best interests of the public and defendant in a speedy trial.
Respectfully submitted,
DANIEL BRODERICK
Federal Defender
___________________________
BENJAMIN GALLOWAY
Assistant Federal Defender
Attorney for Defendant
BENJAMIN B. WAGNER
United States Attorney
Benjamin Galloway for
SAMUEL WONG
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
Based on the stipulation of the parties and good cause appearing therefrom, the Court hereby 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 specifically finds that the ends of justice served by the granting of such continuance outweigh the best interests of the public and the defendant in a speedy trial. Based on these findings and pursuant to the stipulation of the parties, the Court hereby adopts the stipulation of the parties in its entirety as its order. Time is excluded from computation of time within which the trial of this matter must be commenced beginning from the date of the stipulation, January 23, 2012, through and including May 21, 2012, pursuant to 18 U.S.C. §3161(h)(7)(A) and (B)(iv) [reasonable time for defense counsel to prepare] and Local Code T4. The status conference date of January 24, 2012, is hereby vacated, a trial confirmation hearing is set for April 3, 2012 at 9:30 a.m., and a jury trial is set for May 21, 2012, at 9:00 a.m..
___________________________
JOHN A. MENDEZ
United States District Judge