Free Stipulation - District Court of California - California

Case 4:08-cr-00032-CW

Document 8

Filed 04/21/2008

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BARRY J. PORTMAN Federal Public Defender ANGELA M. HANSEN Assistant Federal Public Defender 555 - 12th Street, Suite 650 Oakland, CA 94607-3627 Telephone: (510) 637-3500 Counsel for Defendant COLLINS

IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 UNITED STATES OF AMERICA, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 It is hereby stipulated that the STATUS hearing date of April 23, 2008 be continued to May 14, 2008 at 2:00 p.m. In addition, the parties stipulate and agree that time should be excluded between April 23, 2008 until May 14, 2008 because the Federal Public Defender has reassigned this case to new defense counsel. New counsel was assigned this case one week ago and needs time to both review the discovery and to meet with Mr. Collins. This discovery review will include new discovery that was produced by the government concerning Mr. Collins' prior convictions. The parties agree that the ends of justice served by the continuance requested herein outweigh the best interest of the public and the defendant in a speedy trial because the failure to grant the continuance would deny counsel for the defendant the reasonable time necessary for 1 ) ) ) Plaintiff, ) ) vs. ) ) ROBERT LEE COLLINS, III ) ) Defendant. _____________________________________ ) No. CR-08-00032 CW STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS HEARING Hearing Date: April 23, 2008 Requested Date: May 14, 2008

Stip to Continue, 08-00032 CW

Case 4:08-cr-00032-CW

Document 8

Filed 04/21/2008

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effective preparation, taking into account the exercise of due diligence. Time should therefore be excluded pursuant to 18 U.S.C. §§ 3161(h)(8)(A) and (B)(iv). April 21, 2008 Date /s/ ANGELA M. HANSEN Assistant Federal Public Defender Counsel for defendant Collins /s/ DEREK BUTTS Special Assistant United States Attorney

April 21, 2008 Date

I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document. /S/ ANGELA M. HANSEN Counsel for Defendant Collins

ORDER Based on the reasons provided in the stipulation of the parties above, the Court hereby finds that the ends of justice served by the continuance requested herein outweigh the best

14 interest of the public and the defendant in a speedy trial because the failure to grant the 15 continuance would deny the counsel for the defendant the reasonable time necessary for effective 16 preparation, taking into account the exercise of due diligence. The Court makes this finding 17 because the Federal Public Defender has reassigned this case to new counsel and Mr. Collins' 18 new counsel needs time to review the discovery and to meet with the client. 19 Based on these findings, IT IS HEREBY ORDERED THAT the STATUS hearing date of 20 April 23, 2008 be continued to May 14, 2008 at 2:00 p.m. and that time be excluded from April 21 23, 2008 to May 14, 2008 pursuant to 18 U.S.C. §§3161 (h)(8)(A) and (B)(iv). 22 IT IS SO ORDERED. 23 24 25 26
Stip to Continue, 08-00032 CW

Date

HON. CLAUDIA WILKEN United States District Judge

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