U.S. v. MOORE

Case No. 2:17-cr-65 GEB.

UNITED STATES OF AMERICA, Plaintiff, v. JAMES MOORE, JR. and CALVIN DANIELS, Defendant.

United States District Court, E.D. California.


Attorney(s) appearing for the Case

James Moore, Jr., Defendant, represented by Christopher Richard Cosca , Christopher R. Cosca, Attorney at Law.

Calvin Daniels, Defendant, represented by Douglas J. Beevers , Federal Defender.

USA, Plaintiff, represented by Jason Hitt , United States Attorney's Office & Timothy Howard Delgado , 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 Timothy Delgado, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Douglas J. Beevers, attorney for Calvin Daniels, and Christopher Cosca, Attorney for James Moore, Jr., that the status conference scheduled for July 14, 2017, at 9:00 a.m., be vacated and the matter continued to August 25, 2017, at 9:00 a.m., for further status conference.

Defense counsel have received over 1000 pages of discovery to review and require additional time to review discovery, investigate the facts of this case, and hold discussions with their clients in furtherance of a resolution.

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

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 served by granting the requested continuance and outweigh the best interests of the public and defendants in a speedy trial.

The Court orders the time from the date the parties stipulated, up to and including August 25, 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 July 14, 2017 status conference shall be continued until August 25, 2017, at 9:00 a.m.


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