Free Proposed Order - District Court of California - California

Case 5:08-cr-00571-JW

Document 11

Filed 04/14/2008

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BARRY J. PORTMAN Federal Public Defender MANUEL U. ARAUJO Assistant Federal Public Defender 160 West Santa Clara Street, Suite 575 San Jose, CA 95113 Telephone: (408) 291-7753 Counsel for Defendant OCTAVIO DIAZ

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION UNITED STATES OF AMERICA, ) ) ) Plaintiff, ) ) v. ) ) OCTAVIO DIAZ, ) ) Defendant. _____________________________________ ) No. CR 08-70088- PVT [PROPOSED] ORDER CONTINUING THE PRELIMINARY HEARING TO MAY 1, 2008 AND EXCLUDING TIME PURSUANT TO 18 U.S.C. § 3161 ET SEQ AND FEDERAL RULE OF CRIMINAL PROCEDURE 5.1(d) HON. HOWARD R. LLOYD

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ORDER The parties have jointly requested a continuance of the hearing set for April 17, 2008, to allow time for continued pre-charge negotiation and continued defense investigation. GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the hearing date presently set for April 17, 2008 at 9:30 a.m. be continued to May 1 , 2008, at 9:30 a.m. Pursuant to the parties' stipulation, IT IS FURTHER ORDERED that the period of time from April 17, 2008, to May 1, 2008, shall be excluded from the period of time within which trial must commence under the Speedy Trial Act, 18 U.S.C. § 3161 et seq. Finally, due to the parties' efforts to engage in pre-charge negotiations, it is ORDERED
ORD E R E XT E ND IN G PR EL IM . HE AR IN G DA T E A ND EX CL US IO N OF TIM E No. CR 08-70088 PVT

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Case 5:08-cr-00571-JW

Document 11

Filed 04/14/2008

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that time should be extended for the defendant's preliminary hearing pursuant to Federal Rule of Criminal Procedure 5.1(d), taking into account the public interest in the prompt disposition of criminal cases.

Dated: April ___, 2008

__________________________________ HON. HOWARD R. LLOYD, United States Magistrate Judge

ORD E R E XT E ND IN G PR EL IM . HE AR IN G DA T E A ND EX CL US IO N OF TIM E No. CR 08-70088 PVT

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