Opinion
Case No. 2:12-cr-00094-MCE
08-02-2012
MARK J. REICHEL, Bar #155034 REICHEL & PLESSER L.L.P. Attorneys At Law Attorney for Defendant JOHN DANIEL LEITAKER
MARK J. REICHEL, Bar #155034
REICHEL & PLESSER L.L.P.
Attorneys At Law
Attorney for Defendant
JOHN DANIEL LEITAKER
STIPULATION TO SET BRIEFING
SCHEDULE; ORDER THEREON
Date: September 13, 2012
Judge: Hon. Morrison C. England, Jr.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, MATTHEW G. MORRIS, Assistant United States Attorney, attorney for Plaintiff, and MARK J. REICHEL, Esq., attorney for defendant LEITAKER, that the status conference previously scheduled for August 2, 2012 shall be vacated.
The parties agree to set a briefing schedule for the filing of dispositive pre trial motions.
Defense Filing: August 16, 2012
Government Opposition: August 30, 2012
Defense Replies: September 6, 2012
Hearing on the Motions: September 13, 2012
At the hearing on the 13th, if the motions are denied, the hearing will be a trial setting date, and/or the setting of the date for a change of plea.
Accordingly, all counsel and defendant agree that time under the Speedy Trial Act from the date of lodging of the stipulation through September 13, 2012 should be excluded in computing the time within which trial must commence under the Speedy Trial Act, pursuant to Title 18 U.S.C. § 3161 (H)(7)(B)(iv) and Local Code T4, and that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial.
Respectfully submitted,
MARK J. REICHEL, ESQ.
_______________
MARK J. REICHEL
Attorney for defendant
BENJAMIN WAGNER
United States Attorney
MARK J. REICHEL for:
MATTHEW G. MORRIS
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
In accordance with the foregoing stipulation, time is excluded in the interests of justice pursuant to 18 U.S.C. § (H)(7)(B)(iv) and Local Code T4, and the Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial.
The August 2, 2012 status conference in this matter is accordingly vacated and the briefing schedule for filing dispositive pretrial motions is adopted as set forth above. The hearing on those motions shall be September 13, 2012 at 9:00 a.m. in Courtroom No. 7.
IT IS SO ORDERED.
_______________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE