Free Stipulation - District Court of California - California

Case 3:08-cr-00190-JSW

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Filed 04/18/2008

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JOSEPH P. RUSSONIELLO (CABN 44332) United States Attorney BRIAN J. STRETCH (CABN 163973) Chief, Criminal Division DEREK R. OWENS (CABN 230237) Assistant United States Attorney 450 Golden Gate Avenue, 11th Floor San Francisco, California 94102 Telephone: (415) 436-6488 Fax: (415) 436-7234 Email: [email protected] Attorneys for Plaintiff

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On April 17, 2008, the parties in this case appeared before the Court for a status conference. At that time, the parties stipulated that time should be excluded from the Speedy Trial Act calculations from April 17, 2008 through May 18, 2008, for effective preparation and continuity of defense counsel. The parties represented that granting the continuance was the reasonable time necessary for effective preparation of defense counsel, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(8)(B)(iv). The parties also agreed that the // // STIP. AND ORDER CR 08-0190 JSW v. EFRAIN CASTILLO-CHUN, Defendant. UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) No. CR 08-0190 JSW STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM APRIL 17, 2008 THROUGH MAY 18, 2008 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Case 3:08-cr-00190-JSW

Document 9

Filed 04/18/2008

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ends of justice served by granting such a continuance outweighed the best interests of the public and the defendant in a speedy trial. See 18 U.S.C. § 3161(h)(8)(A).

SO STIPULATED: JOSEPH P. RUSSONIELLO United States Attorney 4/17/2008 DATED: ________________ /s/ Derek Owens __________________________ DEREK R. OWENS Assistant United States Attorney /s/ Jodi Linker ___________________________ JODI LINKER Attorney for Mr. Castillo-Chun

4/18/2008 DATED: ________________

As the Court found on April 17, 2008, and for the reasons stated above, the Court finds that an exclusion of time between April 17, 2008 through May 18, 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. See 18 U.S.C. §3161 (h)(8)(A). The failure to grant the requested continuance would deny defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and would result in a miscarriage of justice. See 18 U.S.C. §3161(h)(8)(B)(iv).

SO ORDERED.

DATED:______________

__________________________________ THE HONORABLE JEFFREY S. WHITE United States District Court Judge

STIP. AND ORDER CR 08-0190 JSW

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