STIPULATION REGARDING VACATING STATUS CONFERENCE AND RE-SETTING STATUS CONFERENCE; EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER
LAWRENCE J. O'NEILL, Chief District Judge.
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows:
1. By previous order, this matter was set for status conference on June 12, 2017 in order for the parties to give an assessment of the defendant, Norman Starks's health, and to set a trial date in the case. The Court was previously informed in prior stipulations and status conferences that the defendant has received a diagnosis and treatment for throat cancer. Defendant was admitted to Renown Hospital in Reno, Nevada in late August 2016 for treatment of his throat cancer. During his time in Renown Hospital, he underwent a tracheotomy and months of chemotherapy. He remained in Renown Hospital until early November 2016. Following his release, he went through a series of treatments locally in Bishop, CA including, but not limited to, radiation therapy.
2. Counsel for the defendant visited him at his home in Lone Pine, California earlier this week, and provides the following update on his health:
3. The defendant seeks a continuation of the status conference until September 11, 2017 so that it can locate a physician capable of diagnosing the defendant's condition and providing a prognosis and a health report that can be submitted to the Court. As the defendant lives in Bishop, California, this likely will require finding a physician in Los Angeles.
4. Based on defense counsel's representations as to the defendant's medical condition and the need for a medical examination to determine the defendant's prognosis, counsel for the government jointly submits this stipulation with the defense. The parties stipulate and respectfully request that the status conference in this case be vacated, and a status conference be set for September 11, 2017, at 8:30 a.m.
5. The parties agree that this stipulation and proposed order provides a substantial basis for the application of the provisions of the Speedy Trial Act that dictate that additional time sought is excludable from the period within which a trial must commence, as the failure to grant such a continuance in the proceeding would be likely to make a continuation of such proceeding impossible, or result in a miscarriage of justice, and would deny counsel for the Defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
6. 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 between the date of this Order and April 10, 2017, inclusive, should be excluded pursuant to 18 U.S.C.§ 3161(h)(7)(A), and (B)(i) and (iv) because, based on the above-stated grounds, the ends of justice served by continuing the case as requested outweigh the best interest of the public and the defendant in a speedy trial within the original date prescribed by the Speedy Trial Act.
7. 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.
FINDINGS AND ORDER
The parties having established good cause to vacate the status conference currently set for June 12, 2017 at 8:30 a.m., and reset the matter for a status conference on September 11, 2017, based on the grounds set forth in the parties' Stipulation, the status conference is hereby VACATED and the matter is set for status conference on September 11, 2017 at 8:30 a.m. The time period between the date on this Order and September 11, 2017 is excluded under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(i) and (iv), as the ends of justice served by granting the continuance outweigh the best interest of the public and the defendant in a speedy trial.
Defense Counsel is directed to submit an updated medical report prior to the September 11, 2017 status conference.
IT IS SO ORDERED.