Free Stipulation - District Court of California - California

Case 5:08-cr-00519-PVT

Document 12

Filed 07/23/2008

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney BRIAN J. STRETCH (CSBN 163973 Chief, Criminal Division SUSAN KNIGHT (CSBN 209013) Assistant United States Attorney 150 Almaden Blvd., Suite 900 San Jose, California 95113 Telephone: (408) 535-5056 FAX: (408) 535-5066 [email protected] Attorneys for Plaintiff

9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The undersigned parties respectfully request that the arraignment scheduled for July 25, 2008 at 11:00 a.m. be continued to August 8, 2008 at 11:00 a.m. before Magistrate Judge Trumbull. The reasons for the continuance is that the parties have reached a resolution to the case, specifically, that the defendant will enter a guilty plea to a violation of 18 U.S.C. § 1028(a)(6), possession of a false identity document. The government needs additional time to obtain supervisory approval of the resolution, and defense counsel Eduardo Paredes needs time to review a plea agreement with the defendant. Therefore, the parties request a brief continuance to August 8, 2008. In addition, the parties agree and stipulate that a waiver of time under Rule 5 of UNITED STATES OF AMERICA, Plaintiff, v. JOSE OLIVARES-MORALES, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) No. 08-70270 PVT STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME UNDER RULE 5 AND THE SPEEDY TRIAL ACT

SAN JOSE VENUE

STIPULATION AND [PROPOSED ] ORDER NO . 08-70270 PVT

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Case 5:08-cr-00519-PVT

Document 12

Filed 07/23/2008

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the Federal Rules of Criminal Procedure and the Speedy Trial Act from July 25, 2008 to August 8, 2008 is appropriate. The parties agree and stipulate that an exclusion of time is appropriate based on the defendant's need for effective preparation of counsel. SO STIPULATED: JOSEPH P. RUSSONIELLO United States Attorney _________/s/__________________________ SUSAN KNIGHT Assistant United States Attorney _________/s/___________________________ EDUARDO A. PAREDES Counsel for Mr. Olivares-Morales

DATED: 7/23/08

DATED: 7/23/08 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED:______________

Accordingly, the Court HEREBY ORDERS that the preliminary hearing or arraignment is continued to August 8, 2008 at 9:30 a.m. Good cause is shown and the continuance is proper under Rule 5 of the Federal Rules of Criminal Procedure and 18 U.S.C. § 3060. For good cause shown, the Court FURTHER ORDERS that time be excluded under the Speedy Trial Act from July 25, 2008 to August 8, 2008. The Court finds, based on the aforementioned reasons, that the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendant in a speedy trial. The failure to grant the requested continuance would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and would result in a miscarriage of justice. The Court therefore concludes that this exclusion of time should be made under 18 U.S.C. §§ 3161(h)(8)(A) and (B)(iv). SO ORDERED.

________________________________________ HOWARD R. LLOYD United States Magistrate Judge

STIPULATION AND [PROPOSED ] ORDER NO . 08-70270 PVT

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