Opinion
Case No.: 2:11 CR 0324 JAM
07-09-2012
UNITED STATES OF AMERICA, Plaintiff, v. JIMMY HATCHER, Defendant.
MICHAEL CHASTAINE Attorney for Jimmy Hatcher BENJAMIN B. WAGNER United States Attorney Jared Dolan Assistant U.S. Attorney
MICHAEL CHASTAINE, State Bar #121209
THE CHASTAINE LAW OFFICE
Attorneys for Defendant
JIMMY HATCHER
STIPULATION AND ORDER
CONTINUING SENTENCING
Defendant JIMMY HATCHER, by and through his attorney, Michael Chastaine and the United States, by and through Assistant United States Attorney Jared Dolan, hereby stipulate and agree to continue the sentencing hearing in the above-captioned case from Tuesday, July 10 2012 at 9:30 a.m. to Tuesday, August 21, 2012 at 9:45 a.m. It is further stipulated that the above referenced time period should be excluded from calculation under the Speedy Trial Act pursuant to 18 U.S.C. §3161(h)(8)(A) and local rules T4. The defense has recently received new information and records regarding Mr. Hatcher's medical condition and needs more time to review such records and provide additional information to the government in an effort to resolve the case. Settlement negotiations continue.
The parties further agree and stipulate that the time period from the filing of this Stipulation until August 21, 2012 should be excluded in computing time for commencement of trial under the Speedy Trial Act, based upon the interest of justice under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4, to allow continuity of counsel and to allow reasonable time necessary for effective defense preparation. It is further agreed and stipulated that the ends of justice served in granting the request outweigh the best interests of the public and the defendant in a speedy trial.
The CHASTAINE LAW OFFICE
By: ______________
MICHAEL CHASTAINE
Attorney for Jimmy Hatcher
BENJAMIN B. WAGNER
United States Attorney
By: ______________
Jared Dolan
Assistant U.S. Attorney
ORDER
GOOD CAUSE APPEARING, in that it is the stipulation of the parties:
IT IS HEREBY ORDERED that the status conference scheduled for Tuesday July 10, 2012 at 9:30 a.m. be continued to Tuesday August 21, 2012 at 9:45 a.m. and that the period from July 10, 2012 to August 21, 2012 is excludable from calculation under the Speedy Trial Act pursuant to 18 U.S.C. §3161(h)(8)(A). The Court further finds that the interests of justice served by the exclusion of time granted herein outweigh the interests of the defendant and the public in a speedy trial.
______________
Judge John A. Mendez
District Judge
United States District Court