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govinfo:USCOURTS-caed-2_22-cr-00016-29

U.S. District Court for the Eastern District of California · 2026-10-06

· GavelSight synced 2026-11-10 16:05:51

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 STIPULATION REGARDING EXCLUDABLE TIME 
PERIODS UNDER SPEEDY TRIAL ACT 
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ERIC GRANT 
United States Attorney  
JAMES CONOLLY 
Assistant United States Attorney 
501 I Street, Suite 10-100 
Sacramento, CA 95814 
Telephone:  (916) 554-2700 
Facsimile:   (916) 554-2900  
 
 
Attorneys for Plaintiff 
United States of America 
 
 
IN THE UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF CALIFORNIA 
 
UNITED STATES OF AMERICA, 
 
                                               Plaintiff, 
 
                                     v. 
 
BENJAMIN JOHN SARGISSON, 
 
                                              Defendant. 
 
 
 
CASE NO.  2:22-CR-00016-DC 
 
STIPULATION REGARDING EXCLUDABLE 
TIME PERIODS UNDER SPEEDY TRIAL ACT; 
ORDER  
 
DATE: October 9, 2026 
TIME: 9:30 a.m. 
COURT: Hon. Dena M. Coggins 
 
STIPULATION 
Plaintiff United States of America, by and through its counsel of record, and defendant, by and 
through defendant’s counsel of record, hereby stipulate as follows:   
1. By previous order, this matter was set for status on October 9, 2026. 
2. By this stipulation, defendant moves to continue the status conference until December 4, 
2026, at 9:30 a.m., and to exclude time between October 9, 2026, and December 4, 2026, under 18 
U.S.C. § 3161(h)(7)(A), B(iv) [Local Code T4].   
3. The parties agree and stipulate, and request that the Court find the following:  
a) Current defense counsel received from prior defense counsel the discovery this 
government produced in this case, which includes data from a DVR that recorded months of 
footage at the location where the search warrant in this case was executed, which includes 
months of recordings.  Defense counsel is in the process of reviewing that footage and has 
 
  
 
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indicated that they will need further time to review it and to determine whether or not further 
investigation is necessary.   
b) Defense counsel has also made additional requests for discovery related to the 
facts in the search warrant executed at the defendant’s residence.  The government is in the 
process of gathering and redacting that discovery, as it contains a significant amount of financial 
and personal information for individuals other than the defendant.  Defense counsel will need 
time to review that discovery once the government produces it.  
c) The government has also produced other discovery associated with this case that 
includes investigative reports and photographs.  There is also physical evidence in the form of 
the firearms in question, which the government has available for inspection, and will likewise 
make any other physical evidence available for inspection.  
d) Defense counsel desires additional time to review the discovery produced, as well 
as the anticipated discovery mentioned above, to consult with his client, to conduct investigation 
and research related to the current charges, to discuss potential resolutions to this matter, and to 
otherwise prepare for trial.  
e) Counsel for defendant believes that failure to grant the above-requested 
continuance would deny him/her the reasonable time necessary for effective preparation, taking 
into account the exercise of due diligence. 
f) The government does not object to the continuance. 
g) Based on the above-stated findings, the ends of justice served by continuing the 
case as requested outweigh the interest of the public and the defendant in a trial within the 
original date prescribed by the Speedy Trial Act.    
h) For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, 
et seq., within which trial must commence, the time period of October 9, 2026 to December 4, 
2026, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) [Local Code 
T4] because it results from a continuance granted by the Court at defendant’s request on the basis 
of the Court’s finding that the ends of justice served by taking such action outweigh the best 
interest of the public and the defendant in a speedy trial. 
 
  
 
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 STIPULATION REGARDING EXCLUDABLE TIME 
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4. Nothing in this stipulation and order shall preclude a finding that other provisions of the 
Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial 
must commence. 
IT IS SO STIPULATED. 
 
Dated:  September 29, 2026 ERIC GRANT 
United States Attorney 
 
 
/s/ JAMES CONOLLY 
 JAMES CONOLLY 
Assistant United States Attorney  
 
 
Dated:  September 29, 2026 /s/ KARREN KENNEY 
 KARREN KENNEY 
Counsel for Defendant  
BENJAMIN JOHN SARGISSON  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
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ORDER 
IT IS HEREBY ORDERED, the court, having received, read and considered the parties’ 
stipulation filed on September 30, 2026 (Doc. No. 95), and good cause appearing therefrom, 
APPROVES the parties’ stipulation.  Accordingly, the Status Conference scheduled for October 9, 2026, 
is VACATED and RESET for December 4, 2026 at 9:30 a.m. in Courtroom 10 before the Honorable 
Dena M. Coggins. The time period between October 9, 2026 and December 4, 2026, inclusive, is 
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) [Local Code T4], as the ends of 
justice served by granting the continuance outweigh the best interest of the public and the defendants in 
a speedy trial. 
 
IT IS SO ORDERED. 
 
Dated:     October 5, 2026     
 
 
 
___________________________ 
Dena Coggins 
United States District Judge

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