U.S.v.Carroll

United States District Court, D. UtahApr 22, 2004
Case No. 2:04CR160PGC (D. Utah Apr. 22, 2004)

Case No. 2:04CR160PGC

April 22, 2004

Loren E. Weiss, Van Cott Bagley Cornwall McCarthy, Salt Lake City, Utah, for Defendant Brian Jeffrey Carroll

Wallace T. Boyack, Boyack Ashton LC, Salt Lake City, Utah, for Defendant Brian Jeffrey Carroll


ORDER


PAUL CASSELL, District Judge

The above matter is scheduled for trial on June 1, 2004. On April 22 2004, in Case No. 2:03CR00038DS, the parties have stipulated and the Court has ordered that psychiatric and/or psychological examination, evaluation, and testing of the Defendant is necessary in order that a more complete presentence report may be prepared, and that the Bureau of Prisons shall conduct an examination, evaluation, and testing of the Defendant, and render a report to the Court regarding Defendant's psychiatric and/or psychological status or state, past and present. Based on the foregoing and good cause appearing,

IT IS HEREBY ORDERED AS FOLLOWS:

1. The trial in this matter scheduled for June 1, 2004, is stricken and continued for at least 102 days, up to and including August 2, 2004, pending the report on the psychiatric and/or psychological examination, evaluation, and testing of the Defendant by the Bureau of Prisons.

2. A status hearing will be conducted on or before August 2, 2004, to determine the status of the psychiatric and/or psychological examination, evaluation and testing of the defendant.

3. Any period of delay from April 20, 2004 through August 2, 2004, is excluded from the Speedy Trial Act pursuant to 18 U.S.C. § 1361 (h)(8)(A). In so ordering, the Court finds that the ends of justice served by excluding such time outweigh the best interests of the public and the defendant in a speedy trial and that it is unreasonable to expect adequate preparation by counsel within existing time limits given the psychiatric and/or psychological examination, evaluation, and testing of the Defendant.