Free Stipulation - District Court of California - California

Case 3:08-cr-00164-MHP

Document 9

Filed 04/17/2008

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BRIAN J. STRETCH (CABN 163973) Acting United States Attorney IOANA PETROU (CABN 170834) JONATHAN D. SCHMIDT (CABN 230646) Assistant United States Attorneys 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7189 Facsimile: (415) 436-7234 [email protected] [email protected] SONDRA L. MILLS (DCBN 367463) ALLAN GORDUS (MOBN 48210) Trial Attorneys DOJ Office of Consumer Litigation Liberty Square Building 450 5th Street, NW, Sixth Floor South Telephone: (202) 616-2375 FAX: (202) 514-8742 [email protected] [email protected] Attorneys for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, ) ) ) ) ) ) ) ) ) ) CR No. 08-0164 MHP STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME

19 Plaintiff, 20 v. 21 W. SCOTT HARKONEN, 22 Defendant. 23 24

On April 17, 2008, the parties in this case appeared before the Honorable Magistrate 25 Judge Joseph C. Spero for defendant W. Scott Harkonen's initial appearance and stipulated that 26 time should be excluded from the Speedy Trial Act calculations from April 17, 2008 to May 5, 27 2008, at which time the parties are scheduled to appear before the Honorable District Court 28
STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME - CR 08-0164 MHP

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Case 3:08-cr-00164-MHP

Document 9

Filed 04/17/2008

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Judge Marilyn H. Patel. The parties represented that granting the continuance was necessary for effective preparation of counsel given the complexity of the case and nature of the prosecution, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(8)(B)(iv). SO STIPULATED: BRIAN J. STRETCH Acting United States Attorney

DATED: April 17, 2008 8 9 10 DATED: April 17, 2008 11 12 13

________/s/_______________________ IOANA PETROU Assistant United States Attorney

_________/s/______________________ WILLIAM M. GOODMAN Attorney for W. Scott Harkonen

As the Court found on April 17, 2008, and for the reasons stated above, the Court finds 14 that the ends of justice served by the continuance outweigh the best interests of the public and the 15 defendant in a speedy trial and that time should be excluded from the Speedy Trial Act 16 calculations from April 17, 2008 to May 12, 2008 for effective preparation of counsel. See 18 17 U.S.C. §3161(h)(8)(A). The failure to grant the requested continuance would deny counsel 18 reasonable time necessary for effective preparation, taking into account the complexity of the 19 case and nature of the prosecution, and would result in a miscarriage of justice. See 18 U.S.C. 20 §3161(h)(8)(B)(iv). 21 22 SO ORDERED. 23 24 DATED:______________ 25 26 27 28
STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME - CR 08-0164 MHP

_____________________________________ Honorable Joseph C. Spero Magistrate Court Judge

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