Free Stipulation - District Court of California - California

Case 5:08-cr-00511-JW

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JOSEPH P. RUSSONIELLO (CASBN 44332) United States Attorney BRIAN J. STRETCH (CASBN 163973) Chief, Criminal Division CHAD M. MANDELL (ILBN 6286783) Special Assistant United States Attorney 150 Almaden Boulevard San Jose, California 95113 Telephone: (408) 535-5059 Facsimile: (408) 535-5066 Email: [email protected] Attorneys for the United States of America

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties stipulate that the time between July 30 and September 8, 2008 is excluded under the Speedy Trial Act, 18 U.S.C. §3161, and agree that the failure to grant the requested continuance would unreasonably deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Finally, the parties agree that the ends of justice served by granting the requested continuance outweigh the best interest of the // // // v. CARLOS BARRAGAN-BARRERA Defendant. UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) No. CR 08-00511 JW UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM JULY 30, 2008 TO SEPTEMBER 8, 2008 FROM THE SPEEDY TRIAL ACT CALCULATION (18 U.S.C. § 3161(h)(8)(A))

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Case 5:08-cr-00511-JW

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public, and the defendant in a speedy trial and in the prompt disposition of criminal cases.

18 U.S.C. §3161(h)(8)(A).

DATED: September 3, 2008

JOSEPH P. RUSSONIELLO United States Attorney __/s/___________________________________ CHAD M. MANDELL Special Assistant United States Attorney

___/s/__________________________________ CYNTHIA LIE Assistant Federal Public Defender

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. DATED:

ORDER Based upon the stipulation of the parties, and for good cause shown, the Court HEREBY ORDERS that the time between July 30 and September 8, 2008 is excluded under the Speedy Trial Act, 18 U.S.C. §3161. The court finds that the failure to grant the requested continuance would unreasonably deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Furthermore, the Court finds 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 and in the prompt disposition of criminal cases. The court therefore concludes that this exclusion of time should be made under 18 U.S.C. §3161(h)(8)(A).

_______________________________________ PATRICIA V. TRUMBULL UNITED STATES MAGISTRATE JUDGE

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