Free Proposed Order - District Court of California - California

Case 3:08-cr-00531-JSW

Document 11

Filed 09/04/2008

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JOSEPH P. RUSSONIELLO (CABN 44332) United States Attorney BRIAN J. STRETCH(CABN 163973) Chief, Criminal Division W.S. WILSON LEUNG (CABN 190939) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-6758 FAX: (415) 436-6753 Attorneys for the United States of America UNITED STATES DISTRICT COURT

10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 UNITED STATES OF AMERICA 14 15 16 JONATHAN CRUZ-RAMIREZ, 17 Defendant. 18 19 20 21 22 23 24 25 26 27 28 With the agreement of the parties, and with the consent of the defendant, the Court enters this order excluding time under Speedy Trial Act from August 28, 2008 until September 11, 2008 at 2:30 pm. The parties agree and stipulate, and the Court finds and holds, as follows: 1. The defendant, Jonathan Cruz-Ramirez, was charged in a complaint dated July 29, v. ) ) ) ) ) ) ) ) ) ) ) No. CR-08-0531-JSW

STIPULATION AND [PROPOSED] ORDER DOCUMENTING WAIVER

2008 with one count of illegal re-entry into the United States, in violation of 8 U.S.C. § 1326. The defendant was arrested on July 28, 2008. On July 30, 2008 Susan Raffanti, Esq., was appointed to represent the defendant and has represented the defendant since. 2. On August 7, 2008, the Grand Jury indicted the defendant on one count of illegal

re-entry, in violation of 8 U.S.C. § 1326, and one count of alien in possession of a firearm, in

Case 3:08-cr-00531-JSW

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Filed 09/04/2008

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violation of 18 U.S.C. § 922(g)(5). The defendant was arraigned before Magistrate Judge Spero on August 1, 2008, who scheduled August 28, 2008 as the initial conference before Judge White. 3. The parties appeared before Judge White on August 28, 2008 and reported that the

Government had already begun producing discovery and was still in the process of doing so. The parties, therefore, requested another trial setting hearing before the Court on September 11, 2008, which the Court granted. The parties also agreed that exclusion of time for Speedy Trial Act calculations would be appropriate so that the Government could continue to produce discovery, and so that the defense could review discovery, thereby ensuring effective preparation of counsel. The Court granted another hearing for the parties for September 11, 2008 at 2:30 pm, and also granted the request to exclude time under the Speedy Trial Act. 4. Accordingly, with the consent of the defendant, the Court hereby confirms its

exclusion of the time between August 28, 2008 and September 11, 2008 from Speedy Trial Act calculations for the reasons set forth above.

STIPULATED:

DATED:

September 4, 2008

/s/ SUSAN RAFFANTI, ESQ. Attorney for JONATHAN CRUZ-RAMIREZ

DATED:

September 4, 2008

/s/ W.S. WILSON LEUNG Assistant United States Attorney

IT IS SO ORDERED. 24 25 DATED: 26 27 28 September ____, 2008 _______________________________ HON. JEFFREY S. WHITE United States District Judge

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