Free Order - District Court of California - California

Case 3:08-cr-00505-JSW

Document 7 8

Filed 08/08/2008

Page 1 of 2

1 2 3 4 5 6 7 8

JOSEPH P. RUSSONIELLO (CABN 44332) United States Attorney BRIAN J. STRETCH (CABN 163973) Chief, Criminal Division CANDACE KELLY (CABN 191473) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-6991 FAX: (415) 436-7234 E-mail: [email protected] Attorneys for Plaintiff

9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 15 16 17 18 Defendant. 19 20 21 22 23 24 25 26 27 28 STIPULATION 1. On August 7, 2008, the parties in the above-captioned case made their first appearance before this Court in this matter. The government explained that the majority of discovery had been produced, but additional time was required to obtain and produce additional materials and to transcribe and translate an interview of the defendant that had been conducted in Mandarin. The parties agreed that a continuance of approximately one month would be an appropriate amount of time to allow defense counsel a reasonable amount of time to review the discovery that has been and will be produced. STIPULATION AND [PROPOSED] ORDER CR 08-0505-JSW v. MEI LING CHEN, aks Chen Mei Ling UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) No. CR 08-0505 JSW STIPULATION AND [PROPOSED] ORDER TO EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT FROM AUGUST 7, 2008 TO SEPTEMBER 4, 2008

Case 3:08-cr-00505-JSW

Document 7 8

Filed 08/08/2008

Page 2 of 2

1 2 3 4 5 6

2. Both counsel stipulated and agreed that time should be excluded from August 7, 2008, through and including September 4, 2008, from the Speedy Trial Act under 18 U.S.C. §§ 3161(h)(8)(A) and (B)(iv) in order to allow for a reasonable amount of time for the defense to effectively prepare for trial, taking into account the exercise of due diligence. SO STIPULATED. DATED: August 8, 2008 ______________/s/______________ ERIC HAIRSTON Attorney for Defendant Chen

7 8 9 10 DATED: August 8, 2008 11 12 13

_____________/s/_______________ CANDACE KELLY Assistant United States Attorney

ORDER 14 The Court finds that there is good cause for the extension of time described above, and 15 that the ends of justice served by granting this continuance outweigh the best interests of the 16 public and of the defendant in a speedy trial and the prompt disposition of criminal cases. 18 17 U.S.C. § 3161(h)(8)(A). The Court further finds that failure to grant the continuance would deny 18 defense counsel reasonable time necessary for effective preparation taking into account the 19 exercise of due diligence under 18 U.S.C. § 3161(h)(8)(B)(iv). 20 Accordingly, and with the consent of the defendant, the Court continues the matter to 21 September 4, 2008 for a status hearing and orders that the period from August 7, 2008 through 22 and including September 4, 2008 be excluded from the Speedy Trial Act calculations under 18 23 U.S.C. § 3161(h)(8)(A) and (B)(iv). 24 IT IS SO ORDERED. 25 26 DATED:________________ August 8, 2008 27 28 STIPULATION AND [PROPOSED] ORDER CR 08-0505-JSW JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE