Opinion
Case No. CR-11-00147 LKK
01-17-2012
UNITED STATES OF AMERICA, Plaintiff, v. JOHN LINDER, Defendant.
WISEMAN LAW GROUP, P.C. JOSEPH J. WISEMAN Attorney for Defendant John Linder BENJAMIN B. WAGNER United States Attorney MICHELLE PRINCE First Assistant U.S. Attorney Attorney for the United States
JOSEPH J. WISEMAN, ESQ., CSBN 107403
JENNIFER C. NOBLE, ESQ., CSBN 256952
WISEMAN LAW GROUP, P.C.
Attorney for Defendant
JOHN LINDER
STIPULATION AND ORDER CONTINUING STATUS CONFERENCE
Judge: Lawrence K. Karlton
IT IS HEREBY STIPULATED by the parties, The UNITED STATES OF AMERICA, through undersigned counsel, Michelle Prince, Assistant United States Attorney, and Joseph J. Wiseman, attorney for John Linder, that the status conference presently set for January 18, 2012 be continued to February 22, 2012, at 9:15 a.m.
The defense of this case requires evaluation by a computer forensic expert of the computer hard drives which the government alleges contain images of child pornography. The forensic expert retrained by the defendant has recently completed a forensic exam at the FBI, but needs more time to examine some additional computer files at the FBI facility. Therefore, the parties, the United States of America and the defendant, 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 defendant in a speedy trial and that time under the Speedy Trial Act should therefore be excluded under 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4 (to allow defense counsel time to prepare, review the forensic examination, discuss plea agreement and possible resolution with government, and analyze how best to proceed with the case) from the date of the parties' stipulation, January 18, 2012, to and including February 22, 2012. The Court previously excluded time pursuant to Local Code T4 on November 15, 2011 through January 18, 2011.
IT IS SO STIPULATED.
Respectfully submitted,
WISEMAN LAW GROUP, P.C.
By: ____________
JOSEPH J. WISEMAN
Attorney for Defendant
John Linder
BENJAMIN B. WAGNER
United States Attorney
By: ____________
MICHELLE PRINCE
First Assistant U.S. Attorney
Attorney for the United States
JOSEPH J. WISEMAN, ESQ., CSBN 107403
JENNIFER C. NOBLE, ESQ., CSBN 256952
WISEMAN LAW GROUP, P.C.
Attorney for Defendant
JOHN LINDER
UNITED STATES OF AMERICA, Plaintiff, v. JOHN LINDER, Defendant.
Case No. CR-11-00147 LKK
STIPULATION AND ORDER CONTINUING STATUS CONFERENCE
Judge: Lawrence K. Karlton
GOOD CAUSE APPEARING, it is hereby ordered that the status conference presently set for January 18, 2012 be continued to February 22, 2012 at 9:15 a.m.
The Court finds that the ends of justice warrant an exclusion of time and that the defendant's need for a reasonable time for effective preparation exceeds the public interest in a trial within 70 days. THEREFORE IT IS FURTHER ORDERED that time be excluded pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4 from the date of this order to February 22, 2012.
IT IS SO ORDERED.
____________
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT