Opinion
CASE NO. 2:11-cr-00353 MCE
09-05-2012
UNITED STATES OF AMERICA, Plaintiff, v. SEAN McCLENDON, et. al., Defendants
BENJAMIN WAGNER United States Attorney by Scott N. Cameron, for Jean Hobler Assistant U.S. Attorney Scott N. Cameron Counsel for ANTHONY WILLIAMS by Scott N. Cameron, for Preeti K. Bajwa Counsel for SEAN McCLENDON by Scott N. Cameron, for Douglas Beevers Counsel for Anthony Salcedo
SCOTT N. CAMERON
Attorney at Law
Attorney for:
ANTHONY WILLIAMS
STIPULATION AND ORDER CONTINUING
STATUS CONFERENCE
DATE: August 30, 2012
COURT: Hon. Morrison England, Jr.
Stipulation
The parties, through undersigned counsel, stipulate that the status conference, scheduled for August 30, 2012, may be continued to September 27, 2012, at 9:00 a.m. This case involves approximately 9,500 pages of discovery well as recorded statements. Substantive negotiations have occurred between the parties, formal plea agreements have been drafted, and editing of plea agreements based on negotiations is presently occurring. The additional time is requested so the plea agreements can be finalized and presented to the respective defendants, and so defense counsel can review the proposed pleas against the voluminous discovery to ensure they are consistent with the evidence in this case and properly advise their respective clients of their options regarding either pleading guilty or proceeding to trial.
Further, all of the undersigned parties hereby agree and stipulate that time under the Speedy Trial Act should be excluded under Title 18, United States Code Section 3161(h)(7)(A) and (B)(ii) and (iv), corresponding to Local code T-2 (unusual and complex case) and Local Code T-4 (to allow defense counsel time to prepare) from the date of the parties' stipulation, August 30, 2012, to and including September 27, 2012.
The undersigned parties agree and stipulate that with the voluminous discovery, the complex legal issues involved in the case and the time needed by all defendants to review all of the discovery produced by the government to date, it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in § 3161. In addition, the parties stipulate and agree that the continuance requested herein is necessary to provide defense counsel reasonable time to prepare their respective clients' defenses taking into account due diligence and that the interests of justice in granting this reasonable request for a continuance outweighs the best interests of the public and defendants for a speedy trial in this case, pursuant to Title 18, United States Code, Section 3161(h)(7)(A) and (B)(ii) and (iv), corresponding to Local Code T-2 (unusual and complex case) and Local Code T-4 (to allow defense counsel time to prepare).
The parties have authorized the defense counsel for Anthony Williams to sign this stipulation on their behalf.
BENJAMIN WAGNER
United States Attorney
by Scott N. Cameron, for
Jean Hobler
Assistant U.S. Attorney
by _________________
Scott N. Cameron
Counsel for ANTHONY WILLIAMS
by Scott N. Cameron, for
Preeti K. Bajwa
Counsel for SEAN McCLENDON
by Scott N. Cameron, for
Douglas Beevers Counsel for Anthony Salcedo
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 this case is unusual and complex and 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 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, August 30, 2012, to and including September 27, 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 T2 (unusual and complex case) and T4 (reasonable time for defense counsel to prepare). It is further ordered that the August 30, 2012, status conference shall be continued until September 27, 2012 at 9:00 a.m.
IT IS SO ORDERED.
_________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE