United States v. Stoeff

2:05-cr-00539 | E.D. Cal. | Aug 8, 2006

Case 2:05-cr-00539-WBS Document 39 Filed 08/08/06 Page 1 of 3

DANIEL J. BRODERICK, Bar #89424 Federal Defender RACHELLE BARBOUR, Bar #185395 Assistant Federal Defender 801 I Street, 3rd Floor Sacramento, California 95814 Telephone (916) 498-5700 Attorney for Defendant JOHN JOSEPH STOEFF

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) ) ) ) ) ) ) ) ) ) ) CR.S. 05-539-WBS Plaintiff, STIPULATION AND REQUEST FOR CONTINUANCE AND FINDING OF EXCLUDABLE TIME UNDER THE SPEEDY TRIAL ACT AND LOCAL CODE T4; ORDER EXCLUDING TIME v. JOHN JOSEPH STOEFF, and, DANIEL AMOS ZOOK, Date: September 13, 2006 Time: 9:00 a.m. Judge: Hon. William B. Shubb Defendants. ____________________________ It is hereby stipulated and agreed to between the United States of America through MARY GRAD, Assistant U.S. Attorney, and defendant, JOHN JOSEPH STOEFF, by and though his counsel, RACHELLE BARBOUR, Assistant Federal Defender, and defendant, DANIEL AMOS ZOOK, through his counsel CHRISTOPHER HAYDN-MYER, that the status conference hearing set for August 9, 2006 be vacated and reset for September 13, 2006 at 9:00 a.m.

This continuance is requested to provide additional time for the parties to reach a plea agreement and provide it to the Court. Mr. Stoeff’s counsel must obtain additional documents from a state court regarding his criminal history. Further, both defendants’ counsel are conducting investigation. Both defendants are out of custody.

All parties desire that a status conference be set on September Case 2:05-cr-00539-WBS Document 39 Filed 08/08/06 Page 2 of 3 13, 2006 at 9:00 a.m. The parties further stipulate and agree that time from the date of the order below until September 13, 2006, be excluded under the Speedy Trial Act pursuant to Local Code T4, Title 18, United States Code, Section 3161(h)(8)(B)(iv), to give defense counsel reasonable time to prepare, conduct investigation, and discuss the case with the defendants and the prosecutor. Dated: August 7, 2006 Respectfully submitted,

DANIEL J. BRODERICK Federal Defender By /s/ Rachelle Barbour RACHELLE BARBOUR Assistant Federal Defender Attorney for Defendant JOHN JOSEPH STOEFF /s/ Christopher Haydn-Myer ___________________________ CHRISTOPHER HAYDN-MYER Attorney for Defendant DANIEL AMOS ZOOK MCGREGOR SCOTT United States Attorney /s/ Rachelle Barbour for MARY GRAD Assistant U.S. Attorney Attorney for Plaintiff
Case 2:05-cr-00539-WBS Document 39 Filed 08/08/06 Page 3 of 3

ORDER

IT IS SO ORDERED. The Court makes a finding of excludable time as set forth in the attached stipulation. The time between the date of this order through September 13, 2006, will be excluded under the Speedy Trial Act pursuant to Local Code T4, Title 18, United States Code, Section 3161(h)(8)(B)(iv). The court specifically finds that a continuance is necessary to give counsel for the defendant reasonable time to prepare in this matter. The court finds that the ends of justice served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. DATED: August 7, 2006