Opinion
NO. Cr.S. 12-275-MCE
09-17-2012
UNITED STATES OF AMERICA, Plaintiff, v. ANGEL ARTURO VARGAS, Defendant.
Daniel J. Broderick FEDERAL DEFENDER BENJAMIN D. GALLOWAY Counsel for Defendant Benjamin B. Wagner UNITED STATES ATTORNEY MICHAEL McCOY Assistant U.S. Attorney
DANIEL J. BRODERICK, Bar #89424
Federal Defender
BENJAMIN D. GALLOWAY, Bar #214897
Assistant Federal Defender
Attorney for Defendant
ANGEL ARTURO VARGAS
STIPULATION TO CONTINUE STATUS
CONFERENCE; ORDER EXCLUDING TIME
DATE: October 25, 2012
JUDGE: Morrison C. England
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows:
1. By previous order, this matter was set for status on September 13, 2012.
2. By this stipulation, defendant now moves to continue the status conference until October 25, 2012 and to exclude time between September 13, 2012 and October 25, 2012 under Local Code T4. Plaintiff does not oppose this request.
3. The parties agree and stipulate, and request that the Court find the following:
a. Discovery has been produced directly to counsel and/or made
available for inspection and copying.
b. Counsel for defendant desires additional time to consult with his client, to review the current charges, to conduct investigation and research related to the charges, and to discuss potential resolutions with his client.
c. Counsel for defendant believes that failure to grant the above-requested continuance would deny him the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
d. The government does not object to the continuance.
e. Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.
f. For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of September 13, 2012 to October 25, 2012, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) [Local Code T4] because it results from a continuance granted by the Court at defendant's request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.
4. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence. IT IS SO STIPULATED.
Daniel J. Broderick
FEDERAL DEFENDER
____________________
BENJAMIN D. GALLOWAY
Counsel for Defendant
Benjamin B. Wagner
UNITED STATES ATTORNEY
______________
MICHAEL McCOY
Assistant U.S. Attorney
ORDER
IT IS SO FOUND AND ORDERED. The status conference in this matter is hereby continued from September 13, 2012 to October 25, 2012 at 9:00 a.m. in Courtroom No. 7.
_______________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE