Free Stipulation - District Court of California - California

Case 3:08-cr-00434-SI

Document 11

Filed 07/03/2008

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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 July 3, 2008, the parties in this case appeared before the Court for the defendant's arraignment. At that time, the parties requested, and the Court agreed, to exclude all time under the Speedy Trial Act between July 3, 2008 and August 15, 2008 because defense counsel needs time to review electronic discovery, and also because the attorneys representing both parties are unavailable until that date. The parties represented that granting the continuance was the reasonable time necessary for preparation of defense counsel and continuity of defense counsel
Stipulation and [Proposed] Order Excluding Time CR 08-434 SI

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Case 3:08-cr-00434-SI

Document 11

Filed 07/03/2008

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and government counsel. 18 U.S.C. § 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: July 3, 2008

/s/ TAREK J. HELOU Assistant United States Attorney

DATED: July 3, 2008

/s/ GEOFFREY HANSEN Attorney for Defendant Margaret Pek Hoon Lim

For the reasons stated above, the Court finds that exclusion of time from July 3, 2008 through August 15, 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 both parties continuity of counsel, and 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 MARIA-ELENA JAMES United States Magistrate Judge

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

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