Free Stipulation - District Court of California - California

Case 5:08-cr-00453-JF

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Filed 08/04/2008

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BARRY J. PORTMAN Federal Public Defender NICHOLAS P. HUMY Assistant Federal Public Defender 160 West Santa Clara Street, Suite 575 San Jose, CA 95113 Telephone: (408) 291-7753 Counsel for Defendant Garcia-Soto

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) ) ) Plaintiff, ) ) vs. ) ) GERARDO GARCIA-SOTO, ) ) Defendant. _____________________________________ ) No. CR-08-00453-JF STIPULATION TO CONTINUE STATUS HEARING; [PROPOSED] ORDER

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Defendant and the government, through their respective counsel, hereby stipulate that, subject to the court's approval, the status hearing date in the above-captioned matter, presently scheduled for Wednesday, August 13, 2008 at 9:00 a.m., be continued to Wednesday, August 20, 2008 at 9:00 a.m. The continuance is necessary due to the unavailability of counsel for Mr. Garcia-Soto. The parties further agree and stipulate that time should be excluded from and including August 13, 2008 through and including August 20, 2008, to provide counsel reasonable time to prepare and for continuity of counsel, pursuant to Speedy Trial Act, 18 U.S.C. §3161(h)(8)(A) and (B)(iv). Accordingly, the United States and the defendant agree that granting the requested ///

STIPULATION TO CONTINUE STATUS HEARING; [PROPOSED] ORD ER No. CR-08-00453-JF

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Case 5:08-cr-00453-JF

Document 11

Filed 08/04/2008

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exclusion of time will serve the interest of justice and outweigh the interest of the public and defendant in a speedy trial.

Dated: August 4, 2008

___________/s/______________ NICHOLAS P. HUMY Assistant Federal Public Defender ___________/s/______________ CHAD MANDELL Assistant United States Attorney

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STIPULATION TO CONTINUE STATUS HEARING; [PROPOSED] ORD ER No. CR-08-00453-JF

ORDER

GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the hearing date presently set for Wednesday, August 13, 2008 will be continued to August 20, 2008 at 9:00a.m. IT IS FURTHER ORDERED, that the time between August 13, 2008 through and including August 20, 2008, shall be excluded for effective preparation of defense counsel, pursuant to Speedy Trial Act, 18 U.S.C. §3161(h)(8)(A) and (B)(iv). IT IS SO ORDERED.

Dated: ___________, 2008

__________________________________ JEREMY FOGEL United States District Judge

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