Free Proposed Order - District Court of California - California

Case 3:08-mj-70490-MEJ

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Filed 08/26/2008

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JOSEPH RUSSONIELLO (CABN 44332) United States Attorney BRIAN J. STRETCH (CABN 163973) Chief, Criminal Division WENDY THOMAS (NYBN 4315420) Special Assistant United States Attorney 450 Golden Gate Avenue San Francisco, California 94102 Telephone: (415) 436-6809 Facsimile: (415) 436-7234 Attorneys for Plaintiff UNITED STATES DISTRICT COURT

10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROPOSED ORDER AND STIP. CR 3-08-70490 MEJ 1 On July 31, 2008, the parties in this case appeared before the Honorable Maria Elena James for an initial appearance. At that time, the parties stipulated that time should be excluded from the Speedy Trial Act calculation and extended under Rule 5.1 of the Federal Rules of Criminal Procedure from July 31, 2008 to August 29, 2008 to allow effective preparation of defense counsel. Counsel for defendant is reviewing the evidence to determine whether a pre-charge disposition is appropriate. Only after evaluating the evidence will counsel be in a position to evaluate what disposition is an appropriate one. Moreover, defense counsel also informed government counsel that he is unavailable for part of August and therefore time is also v. GLORIA PATRICIA TORREZ PANIAGUA, a/k/a Patricia Alvarez, Defendant. UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) No. CR 3-08-70490 MEJ [PROPOSED] ORDER AND STIPULATION TO EXCLUDE TIME FROM JULY 31, 2008 TO AUGUST 29, 2008

Case 3:08-mj-70490-MEJ

Document 5

Filed 08/26/2008

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excludable for continuity of counsel. The parties represented that granting the exclusion was reasonable, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(8)(B)(iv). The parties also agreed that the ends of justice served by granting such a continuance outweighed the best interests of the public and the defendant in a speedy trial. See 18 U.S.C. § 3161(h)(8)(A). IT IS SO STIPULATED. DATED: 8/20/08 Geoff Hansen /s/ for Ron Tyler RON TYLER Counsel for Defendant

8 9 10 DATED: 8/20/08 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROPOSED ORDER AND STIP. CR 3-08-70490 MEJ IT IS SO ORDERED.

/s/ WENDY THOMAS Special Assistant United States Attorney

IT IS HEREBY ORDERED that time is excluded under the Speedy Trial Act and extended under Rule 5.1 of the Federal Rules of Criminal Procedure from July 31, 2008, to August 29, 2008, under 18 U.S.C. § 3161(h)(8)(A) and 18 U.S.C. § 3161(h)(8)(B)(iv) and F.R.C.P. 5.1.

DATED:_______________

________________________________ THE HON. MARIA ELENA JAMES United States Magistrate Judge

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