U.S. v. DUSHENKO

Case No. 2:15-cr-197 GEB.

UNITED STATES OF AMERICA, Plaintiff, v. MARINA DUSHENKO and STANISLAV CARPENCO, Defendants.

United States District Court, E.D. California.


Attorney(s) appearing for the Case

Marina Anatolyevna Dushenko, Defendant, represented by Benjamin David Galloway , Office Of The Federal Public Defender.

Stanislav Carpenco, Defendant, represented by Michael L. Chastaine , Chastaine Law Office.

USA, Plaintiff, represented by Paul Andrew Hemesath , United States Attorney's Office & Kevin Christopher Khasigian , United States Attorney's Office.


STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE

GARLAND E. BURRELL, Jr., Senior District Judge.

IT IS HEREBY STIPULATED by and between Phillip A. Talbert, United States Attorney, through Paul Hemesath, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Benjamin D. Galloway, attorneys for defendant Marina Dushenko, and Michael Chastaine, attorney for defendant Stanislav Carpenco that the status conference scheduled for June 16, 2017, be continued to August 11, 2017, at 9:00 a.m.

The reasons for this continuance are to allow defense counsel additional time to review discovery with the defendants, to continue investigating the facts of the case, and to negotiate a resolution to this matter.

Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded of this order's date through and including August 11, 2017; pursuant to 18 U.S.C. § 3161 (h)(7)(A) and (B)(iv) [reasonable time to prepare] and General Order 479, Local Code T4 based upon continuity of counsel and defense preparation.

Counsel and the defendant also agree that the ends of justice served by the Court granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. Respectfully submitted,

ORDER

IT IS HEREBY ORDERED, the Court, having received, read, and considered the parties' stipulation, and good cause appearing therefrom, adopts the parties' stipulation in its entirety as its order. The Court specifically finds the failure to grant a continuance in this case would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds the ends of justice are served by granting the requested continuance and outweigh the best interests of the public and defendant in a speedy trial.

The Court orders the time from the date the parties stipulated, up to and including August 11, 2017, 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)(iv) [reasonable time for counsel to prepare] and General Order 479, (Local Code T4). It is further ordered the June 16, 2017 status conference shall be continued until August 11, 2017 at 9:00 a.m.


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