Case 5:07-cr-00612-JF
Document 31
Filed 06/16/2008
Page 1 of 3
**E-filed 6/16/08** 1 2 3 4 5 6 7 8 Attorneys for the United States of America 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties stipulate that the time between June 12, 2008 and June 18, 2008 is excluded under the Speedy Trial Act, 18 U.S.C. §3161, and agree that the failure to grant the requested continuance would unreasonably deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Finally, the parties agree that the ends of justice served by granting the requested continuance outweigh the best interest of the public, and the // // // v. ABEL LAMAS-PACHECO, Defendant. UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) No. CR 07-00612 JF UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 150 Almaden Boulevard San Jose, California 95113 Telephone: (408) 535-5059 Facsimile: (408) 535-5066 Email: [email protected] BRIAN J. STRETCH (CASBN 163973) Chief, Criminal Division CHAD M. MANDELL (ILBN 6286783) Assistant United States Attorney JOSEPH P. RUSSONIELLO (CASBN 44332) United States Attorney
---------------STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME JUNE 12, 2008 TO JUNE 18, 2008 FROM THE SPEEDY TRIAL ACT CALCULATION (18 U.S.C. § 3161(h)(8)(A))
1
Case 5:07-cr-00612-JF
Document 31
Filed 06/16/2008
Page 2 of 3
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
defendant in a speedy trial and in the prompt disposition of criminal cases. 18 U.S.C. §3161(h)(8)(A).
DATED: June 12, 2008
JOSEPH P. RUSSONIELLO United States Attorney __/s/___________________________________ CHAD M. MANDELL Special Assistant United States Attorney
___/s/__________________________________ LARA VINNARD Assistant Federal Public Defender
2
Case 5:07-cr-00612-JF
Document 31
Filed 06/16/2008
Page 3 of 3
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. DATED: 6/16/08
ORDER Based upon the stipulation of the parties, and for good cause shown, the Court HEREBY ORDERS that the time between June 12, 2008 and June 18, 2008 is excluded under the Speedy Trial Act, 18 U.S.C. §3161. The court finds that the failure to grant the requested continuance would unreasonably deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Furthermore, the Court finds that the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendant in a speedy trial and in the prompt disposition of criminal cases. The court therefore concludes that this exclusion of time should be made under 18 U.S.C. §3161(h)(8)(A).
_______________________________________ JEREMY FOGEL UNITED STATES DISTRICT JUDGE
3