Free Stipulation - District Court of California - California

Case 5:08-cr-00341-RMW

Document 10

Filed 04/28/2008

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BARRY J. PORTMAN Federal Public Defender LARA S. VINNARD Assistant Federal Public Defender 160 West Santa Clara Street, Suite 575 San Jose, CA 95113 Telephone: (408) 291-7753 Counsel for Defendant RAMOS-HINOJOSA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION UNITED STATES OF AMERICA, ) ) ) Plaintiff, ) ) v. ) ) SERGIO RAMOS-HINOJOSA, ) ) Defendant. _____________________________________ ) No. CR 08-70186 RS STIPULATION TO EXTEND TIME FOR PRELIMINARY HEARING AND EXCLUDE TIME; [PROPOSED] ORDER Hon. Howard R. Lloyd

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Defendant and the government, through their respective counsel, hereby stipulate that, subject to the court's approval, the hearing in the above-captioned matter, presently scheduled for Thursday, May 1, 2008, at 9:30 a.m. be continued to Thursday, May 15, 2008, at 9:30 a.m. The continuance is requested to allow time for further pre-charge negotiation and defense investigation. The parties further agree that time should be excluded under the Speedy Trial Act from May 1, 2008 to May 15, 2008, to allow time for defense investigation and preparation, and because the ends of justice outweigh the defendant's and the public's need for a speedy trial. Finally, in order to allow additional time for pre-charge negotiations, the parties also agree that time should be extended for the defendant's preliminary hearing pursuant to Federal
STIP U LA T IO N TO EX T EN D PRELIM . HEARING DATE; [PROPOSED] ORDER No. CR 08-70186 RS

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Case 5:08-cr-00341-RMW

Document 10

Filed 04/28/2008

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Rule of Criminal Procedure 5.1(d), taking into account the public interest in the prompt disposition of criminal cases.

Dated:

4/25/08

_________/s/________________ LARA S. VINNARD Assistant Federal Public Defender _________/s/________________ JOSEPH FAZIOLI Assistant United States Attorney ORDER

Dated:

4/26/08

9 The parties have jointly requested a continuance of the hearing set for May 1, 2008, to 10 allow time for continued pre-charge negotiation and continued defense investigation. 11 GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the hearing date 12 presently set for May 1, 2008 at 9:30 a.m. be continued to May 15, 2008, at 9:30 a.m. 13 Pursuant to the parties' stipulation, IT IS FURTHER ORDERED that the period of time 14 from May 1, 2008, to May 15, 2008, shall be excluded from the period of time within which trial 15 must commence under the Speedy Trial Act, 18 U.S.C. § 3161 et seq. 16 Finally, due to the parties' efforts to engage in pre-charge negotiations, it is ORDERED 17 that time should be extended for the defendant's preliminary hearing pursuant to Federal Rule of 18 Criminal Procedure 5.1(d), taking into account the public interest in the prompt disposition of 19 criminal cases. 20 21 22 23 24 25 26
STIP U LA T IO N TO EX T EN D PRELIM . HEARING DATE; [PROPOSED] ORDER No. CR 08-70186 RS

Dated:

__________________________________ HOWARD R. LLOYD United States Magistrate Judge

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