Joint Status Report and Stipulation Regarding Excludable Time Under Speedy Trial Act (E.D. Cal., Dkt. 35)

Summary

Joint status report and stipulation regarding excludable time periods under the Speedy Trial Act, with an order, filed April 30, 2024 as Document 35 in United States v. Royce Newcomb, Case No. 1:22-cr-00287, in the U.S. District Court for the Eastern District of California. The parties move to continue the May 8, 2024 status conference to August 28, 2024 and to exclude that period under Local Code T4. The government represents that discovery exceeds 12,000 pages and includes investigative reports and financial records. The order, dated April 30, 2024 and signed /s/ Barbara A. McAuliffe, continues the conference and says the parties shall be prepared to set a trial date then if the case is unresolved.

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           Case 1:22-cr-00287-NODJ-BAM Document 35 Filed 04/30/24 Page 1 of 3


 1 PHILLIP A. TALBERT
   United States Attorney
 2 JOSEPH D. BARTON
   JEFFREY A. SPIVAK
 3 Assistant United States Attorneys
   2500 Tulare Street, Suite 4401
 4 Fresno, CA 93721
   Telephone: (559) 497-4000
 5 Facsimile: (559) 497-4099

 6
   Attorneys for Plaintiff
 7 United States of America

 8

 9                                IN THE UNITED STATES DISTRICT COURT

10                                    EASTERN DISTRICT OF CALIFORNIA

11
     UNITED STATES OF AMERICA,                            CASE NO. 1:22-CR-00287-NODJ-BAM
12
                                   Plaintiff,             JOINT STATUS REPORT AND STIPULATION
13                                                        REGARDING EXCLUDABLE TIME PERIODS
                             v.                           UNDER SPEEDY TRIAL ACT; ORDER
14
     ROYCE NEWCOMB,                                       DATE: May 8, 2024
15                                                        TIME: 1:00 p.m.
                                   Defendant.             COURT: Hon. Barbara A. McAuliffe
16

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                                                  STIPULATION
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            1.      This case set for status conference on May 8, 2024. As set forth below, the parties now
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     move, by stipulation, to continue the status conference to August 28, 2024, and to exclude the time
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     period between May 8, 2024 and August 28, 2024 under the Speedy Trial Act.          If the parties are unable
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     to resolve the case prior to the August 28, 2024 status conference, the parties will be prepared to set trial
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     at the August 28, 2024 status conference.
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                                                  STIPULATION
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            Plaintiff United States of America, by and through its counsel of record, and defendant, by and
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     through defendant’s counsel of record, hereby stipulate as follows:
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            2.      By previous order, this matter was set for status conference on May 8, 2024. By this
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     stipulation, defendants now move to continue the status conference until August 28, 2024, and to
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     exclude time between May 8, 2024, and August 28, 2024, under Local Code T4.

      STIPULATION; [PROPOSED] ORDER                        1
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         Case 1:22-cr-00287-NODJ-BAM Document 35 Filed 04/30/24 Page 2 of 3


 1        3.      The parties agree and stipulate, and request that the Court find the following:

 2                a)     The government has represented that the discovery associated with this case

 3        exceeds 12,000 pages of discovery and includes numerous investigative reports, financial

 4        records, and other evidence. All of this discovery has been either produced directly to counsel

 5        and/or made available for inspection and copying.

 6                b)     Counsel for defendant desires additional time to consult with his/her client,

 7        review the charges, conduct investigation and research, review discovery and discuss potential

 8        resolution of the case.

 9                c)     Counsel for defendant believes that failure to grant the above-requested

10        continuance would deny him/her the reasonable time necessary for effective preparation, taking

11        into account the exercise of due diligence.

12                d)     The government does not object to the continuance.

13                e)     Based on the above-stated findings, the ends of justice served by continuing the

14        case as requested outweigh the interest of the public and the defendant in a trial within the

15        original date prescribed by the Speedy Trial Act.

16                f)     For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161,

17        et seq., within which trial must commence, the time period of May 8, 2024 to August 28, 2024,

18        inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) [Local Code T4]

19        because it results from a continuance granted by the Court at defendant’s request on the basis of

20        the Court’s finding that the ends of justice served by taking such action outweigh the best interest

21        of the public and the defendant in a speedy trial.

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     STIPULATION; [PROPOSED] ORDER                      2
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           Case 1:22-cr-00287-NODJ-BAM Document 35 Filed 04/30/24 Page 3 of 3


 1          4.      Nothing in this stipulation and order shall preclude a finding that other provisions of the

 2 Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial

 3 must commence.

 4          IT IS SO STIPULATED.

 5
      Dated: April 30, 2024                                    PHILLIP A. TALBERT
 6                                                             United States Attorney
 7
                                                               /s/ JEFFREY A. SPIVAK
 8                                                             JEFFREY A. SPIVAK
                                                               Assistant United States Attorney
 9
10    Dated: April 30, 2024                                    /s/ Peter M. Jones
                                                               Peter M. Jones, Esq.
11
                                                               Counsel for Defendant
12                                                             Royce Newcomb

13                                                     ORDER

14          IT IS SO ORDERED that the status conference is continued from May 8, 2024, to August 28,
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     2024, at 1:00 p.m. in Courtroom 8 before Magistrate Judge Barbara A. McAuliffe. Time is excluded
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     pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv). If the parties have not resolved the case prior to the August
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     28, 2024 status conference, the parties shall be prepared to set a trial date at the status conference.
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     IT IS SO ORDERED.
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20      Dated:     April 30, 2024                               /s/ Barbara A. McAuliffe               _
21                                                       UNITED STATES MAGISTRATE JUDGE

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      STIPULATION; [PROPOSED] ORDER                        3
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