Free Stipulation - District Court of California - California

Case 3:08-cr-00434-SI

Document 16

Filed 08/18/2008

Page 1 of 2

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

JOSEPH P. RUSSONIELLO (CABN 44332) United States Attorney BRIAN J. STRETCH (CABN 163973) Chief, Criminal Division TAREK J. HELOU (CABN 218225) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7071 Facsimile: (415) 436-7234 [email protected] Attorneys for Plaintiff

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

) ) Plaintiff, ) ) v. ) ) LUIGI FULVIO PALMARES AGUILAR, ) ) ) Defendant. ) )

UNITED STATES OF AMERICA,

CR No. 08-434 SI STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME UNDER 18 U.S.C. § 3161

On August 15, 2008, the parties in this case appeared before the Court for their initial status conference in District Court. At that time, the parties requested, and the Court agreed, to exclude all time under the Speedy Trial Act between August 15, 2008 and September 2, 2008 because the parties need additional time to continue plea negotiations. The parties represented that granting the continuance was the reasonable time necessary for preparation of defense counsel and continuity of defense counsel and government counsel. 18 U.S.C. §
Stipulation and [Proposed] Order Excluding Time CR 08-434 SI

1

Case 3:08-cr-00434-SI

Document 16

Filed 08/18/2008

Page 2 of 2

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

3161(h)(8)(B)(iv). The parties also agreed that the ends of justice served by granting such a continuance outweighed the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(8)(A).

SO STIPULATED: JOSEPH P. RUSSONIELLO United States Attorney

DATED: August 15, 2008

/s/ TAREK J. HELOU Assistant United States Attorney

DATED: August 15, 2008

/s/ GEOFFREY HANSEN Attorney for Defendant Luigi Fulvio Palmares Aguilar

For the reasons stated above, the Court finds that exclusion of time from August 15, 2008 through September 2, 2008 is warranted and that the ends of justice served by the continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. §3161(h)(8)(A). The failure to grant the requested continuance would deny the defendant effective preparation of counsel, and would result in a miscarriage of justice. 18 U.S.C. §3161(h)(8)(B)(iv).

SO ORDERED.

DATED:______________

_____________________________________ THE HONORABLE SUSAN ILLSTON United States District Judge

Stipulation and [Proposed] Order Excluding Time CR 08-434 SI

2