Free Stipulation - District Court of California - California

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03/08/2008 15:OO FAX 408 291 7399 Case 5:08-cr-00564-RMW -. .

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Document 12 DEENDER + US A'ITY APage 1 of 3 FEDERAL PtBLIC Filed 03/06/2008

Mar 6 2008 0 1 : 4 7 ~ m

JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attomcy
BRIAN J. STRETCH (CSBN 163973) Chief, Criminal Division
RICHARD C. CHENG (CASBN 135992) Assistant United States Attorney

150 AJmaden Boulevard San Jose, California 95113 Telephone: (408) 535-5059 Facsimile: (408) 535-5032 Email: [email protected] Attorneys for the United States of America
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UNlTED STATES DISTRICT COURT

NORTHERN DISTRICT OF CAWFORMA
SAN JOSE DIVISION

IJMTED STATES OF AhERlCA.
Raintiff,
V.

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NO.

CR 07-70653 RS

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M A m W BRADLEY MORRISON,

Defendant.
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S ~ U ~ O AND ~ROPOSED] . N ORDER EXCLUDING TIME FROM MARCH 6,2008 TO APR& 3,2008 FROM THESPEEDY TRIAL ACT CALCULATION (18 U.S.C. 3161(h)(g)(A))

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On March 6,2007 the parties appeared for a hearing before this Corn. At that hearing,

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21 both parties requested an exclusion of time under the Speedy Trial Act based upon the current
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on-going negotiations which may result in a pre-indictment disposition of the pending mattm. At that time, the Court set the matter for a preliminary examination or arraignment on April 3,2008
at 9.130 a.m.

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The parties stipulate hat the time between March 6,2008 and April 3,2008 is exclnded

under the Speedy Trial Act, 18 U.S.C. $3161,and agree that the failure to grant the requested

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1 continuance would unreasonably deny defense counsel reasonable time necessary for effective

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preparation and negotiation of the pending matter, taking into account the exercise of due

03/06/2008 15:OO FAX 408 291 7399 Case 5:08-cr-00564-RMW
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diligence. Finally, the parties agree that the ends of jusuce served by granting the xequesced continuance outweigh the best interest of the public, and the defendant in a speedy trial and in the
prompt disposition of c~minal cases. 18 U.S.C. §3161&)(8)(A).

DATED:

March

L, 2008
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JOSEPH P. RUSSONIEXLO
United S t a p Attorney
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RIcI!?~RDC.CHENG Assistant United States Attorney

Assistant Federal Public Defender

Rece i ved Case 5:08-cr-00564-RMW 03/08/2008 15:OO FAX 408 291 7399 ----.--

Document 12 FEDERAL - PUBLIC

Mar 6 2008 01:47~m Filed 03/06/2008 DEFENDER -, llTS ATTY A Page 3 of 3

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ORDER
Based upon the stipulation of the parties, and for good cause shown, the Court HEREBY

ORDERS that the time between March 6,2008 and A w l 3,2008 is excluded under the Speedy
Trial Act, 18 U3.C. $3161. The court finds that the failure ro grant the requested continuance
wodd unreasonably deny defense counsel reasonable rime necessary for effective preparation
and negotiation of the pending matter, taking i& account the exercise of due diligence. n
Furthermore, the Court finds that the ends of justice served by granting the requested continuance
outweigh thc best interest of the public and the defendant in a speedy trial and in the prompt

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disposition of criminal cases. The court therefore concludes rhat this exclusion of time should be
made under 18 U.S.C. §3161@)(8)(A).

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12 P I S SO 0RDE.RED.
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DATED:

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NADOR J. VAlDAS UNTIED STATES MAGISTRATE JUDGE

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