Free Stipulation - District Court of California - California

Case 4:08-mj-70470-WDB

Document 8

Filed 08/15/2008

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JOSEPH P. RUSSONIELLO (CABN 44332) United States Attorney BRIAN J. STRETCH (CABN 163973) Chief, Criminal Division JOSHUA HILL (CABN 250842) Assistant United States Attorney 1301 Clay Street, Suite 340S Oakland, California 94612 Telephone: (510) 637-3740 Facsimile: (510) 637-3724 E-Mail: [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 IT IS HEREBY STIPULATED between the plaintiff through its attorney, Joshua Hill, and the defendant through his attorney, Mike McDonnell, that the next hearing on the status of this matter shall be set for September 10, 2008 at 10:00 a.m. Defendant and his counsel continue to waive the provisions of Rule 5.1(c) of the Federal Rules of Criminal Procedure requiring a preliminary hearing to be held within 10 days of his initial appearance and 18 U.S.C. § 3161(b) requiring an indictment to be filed within thirty days from the date of arrest. Defendant has recently retained new counsel. Therefore, defendant's waiver is based on the need for continuity
Stip and [Proposed] Order

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

) ) Plaintiff, ) ) vs. ) ) JOSE ANTONIO AGUILAR ESQUIVEL, ) ) Defendant. ) _____________________________________ )

No. CR-08-070470 WDB No. CR-08-070461 WDB STIPULATION AND [PROPOSED] ORDER REGARDING WAIVER OF TIME PROVISIONS OF RULE 5.1 AND 18 U.S.C. § 3161(b) AND SETTING DATE FOR STATUS HEARING

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Case 4:08-mj-70470-WDB

Document 8

Filed 08/15/2008

Page 2 of 2

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of counsel and reasonable time necessary for effective preparation. The defense agrees that the waiver covers all time between August 5, 2008 and September 10, 2008. IT IS SO STIPULATED: Dated: August 15, 2008 /s/ Mike McDonnell MIKE McDONNELL Attorney for Defendant

Dated: August 15, 2008

/s/ Joshua Hill JOSHUA HILL Assistant United States Attorney

ORDER GOOD CAUSE HAVING BEEN SHOWN, it is hereby ordered that time limits under Rule 5.1(c) of the Federal Rules of Criminal Procedure and 18 U.S.C. § 3161(b) are waived, and the parties shall appear for a status hearing in this matter on September 10, 2008 at 10:00 a.m.

Dated: August ___, 2008

________________________________ HONORABLE WAYNE D. BRAZIL United States Magistrate Judge

Stip and [Proposed] Order

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