Free Stipulation - District Court of California - California

Case 4:08-cr-00032-CW

Document 10

Filed 05/12/2008

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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 May 14, 2008 be continued to June 11, 2008 at 2:00 p.m. The parties further stipulate and agree that time should be excluded between May 14, 2008 until June 11, 2008 because the Federal Public Defender recently reassigned this case to new defense counsel and new counsel needs additional time to review the discovery in this case and to meet with Mr. Collins. In addition, the parties are discussing a possible disposition of this matter and defense counsel needs more time to research and to determine Mr. Collins' sentencing guidelines. 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: May 14, 2008 Requested Date: June 11, 2008

Stip to Continue, 08-00032 CW

Case 4:08-cr-00032-CW

Document 10

Filed 05/12/2008

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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). May 12, 2008 Date /s/ ANGELA M. HANSEN Assistant Federal Public Defender Counsel for defendant Collins /s/ DEREK BUTTS Special Assistant United States Attorney

May 12, 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

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 interest of the public and the defendant in a speedy trial because the failure to grant the continuance would deny the counsel for the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court makes this finding because the Federal Public Defender recently reassigned this case to new counsel and counsel needs additional time to review the discovery and to research and calculate the defendant's sentencing guidelines before a negotiated disposition can be reached in this case. Based on these findings, IT IS HEREBY ORDERED THAT the STATUS hearing date of May 14, 2008 be continued to June 11, 2008 at 2:00 p.m. and that time be excluded from May 14, 2008 to June 11, 2008 pursuant to 18 U.S.C. §§3161 (h)(8)(A) and (B)(iv). IT IS SO ORDERED.

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Stip to Continue, 08-00032 CW

HON. CLAUDIA WILKEN United States District Judge 2