Free Stipulation and Order - District Court of California - California

Case 5:08-mj-70088-PVT Case 5:08-cr-00571-JW

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Peter A. Leeming, SBN 119124 108 Locust Street, Suite 7 Santa Cruz CA 95060 Telephone (831) 425-8000 Attorney for: Defendant Octavio Diaz

IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION UNITED STATES OF AMERICA, ) ) ) ) ) ) ) ) ) ) ) ) ) No. 08-MJ-70088 PVT JOINT STIPULATION AND [PROPOSED]ORDER VACATING HEARING DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT, 18 U.S.C. SECTION 3161

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Plaintiff,
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vs.
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OCTAVIO DIAZ Defendant

The United States of America, by Thomas M. O'Connell, Assistant United States Attorney, and the defendant in the above case, by and through his attorney Peter A. Leeming, hereby enter into this joint stipulation. The parties stipulate, and ask the Court to adopt as its FINDINGS that: 1. This case is currently set for a preliminary Through

hearing/arraignment on Thursday, August 21 at 9:30 A.M.

Joint Stipulation and order

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Case 5:08-mj-70088-PVT Case 5:08-cr-00571-JW

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this stipulation, the parties are requesting the hearing be continued until August 28, 2008, at 9:30 AM. 2. The parties have been actively involved in settlement

discussions anad both sides have tentatively approved a resolution of this case. This resolution needs final approval While approval is

from the US Attorney's office, however.

expected within a short period of time, it will not occur in time for the hearing on Aug. 21. 3. follows: 1. 2. That the current hearing date be vacated; That a new be set for August 28, 2007 at 9:30 A. M., Both sides therefore request that the court order as

for disposition, and:
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3.
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That an exclusion of time is appropriate and necessary

in order to allow the effective preparation of counsel and to complete investigation, pursuant to Title 18, United States Code,
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Section 3161(h)(8)(B)(4).
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IT IS SO STIPULATED Dated: 8/20/08 By:___________/S/____________ THOMAS O'CONNELL, Assistant United States Attorney

Dated: 8/20/08
Joint Stipulation and order

By:__________/S/_____________
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Case 5:08-mj-70088-PVT Case 5:08-cr-00571-JW

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PETER A. LEEMING, attorney for Octavio Diaz

Joint Stipulation and order

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Case 5:08-mj-70088-PVT Case 5:08-cr-00571-JW

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION UNITED STATES OF AMERICA, ) ) ) ) ) ) ) ) ) ) ) ) ) No. 08-MJ-70088 PVT [PROPOSED]ORDER VACATING XXXXXXXXX HEARING DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT, 18 U.S.C. SECTION 3161

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Plaintiff,
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vs.
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OCTAVIO DIAZ Defendant

ORDER For the reasons stated in the above Stipulation, the Court finds that that currently set hearing date of August 21, 2008 should be should be changed to Thursday, August 28, 2008 at 9:30 A. M. IT IS SO ORDERED.
August 21, 2008 Dated:___________

_______________________ U. S. Magistrate Judge

Joint Stipulation and order

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