Free Proposed Order - District Court of California - California

Case 3:07-cr-00575-EDL

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Filed 07/31/2007

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SCOTT N. SCHOOLS (SCBN 9990) United States Attorney DOUGLAS SPRAGUE (CSBN 202121 ) Chief, Criminal Division DENISE MARIE BARTON (MABN 634052) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7359 Facsimile: (415) 436-7234 [email protected] Attorneys for Plaintiff

9 10 11 12 13 14 UNITED STATES OF AMERICA, 15 Plaintiff, 16 v. 17 18 19 Defendant. 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER EXTENDING THE TIME LIMIT FOR THE PRELIMINARY HEARING AND EXCLUDING TIME - CR 03-07-70344 BZ

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) ) ) CR No. 03-07-70344 BZ STIPULATION AND [PROPOSED] ORDER EXTENDING THE TIME LIMIT FOR THE PRELIMINARY HEARING AND EXCLUDING TIME

JOHN DOE aka VADINHO aka GERARDO GUILLERMO RUIZSANCHEZ,

The parties now stipulate and request that the Court enter an Order that the Preliminary Hearing be removed from the August 2, 2007 calendar and be continued until August 14, 2007 and that time should be excluded from the Speedy Trial Act calculations from August 2, 2007 through August 14, 2007 for effective preparation of counsel. The Government has and is continuing to provide discovery to the defendant. Further, counsel for the Government and defense counsel are currently discussing pre-indictment resolution of this matter. Finally, counsel for the defendant does not believe it is within his

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Case 3:07-cr-00575-EDL

Document 9

Filed 07/31/2007

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client's best interest to hold a preliminary hearing within 10 days, pursuant to Fed. R. Crim. P. 5.1(c),(d). The parties represent that granting this continuance is necessary for effective preparation of counsel to permit defense counsel to review discovery and to afford counsel time to discuss pre-indictment resolution, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(8)(B)(iv). IT IS SO STIPULATED. SCOTT N. SCHOOLS United States Attorney

DATED: July 30, 2007 10 11 12 DATED: July 30, 2007 13 14 15 IT IS SO ORDERED. 16

_____/s/_______________________ DENISE MARIE BARTON Assistant United States Attorney

_____/s/________________________ GEORGE BOISSEAU Attorney for JOHN DOE aka VADINHO aka GERARDO GUILLERMO RUIZSANCHEZ

The Preliminary Hearing shall be removed from the August 2, 2007 calendar and be 17 continued until August 14, 2007. For the reasons stated above, the Court finds that the ends of 18 justice served by the continuance outweigh the best interests of the public and the defendant in a 19 speedy trial and that time should be excluded from the Speedy Trial Act calculations from 20 August 2, 2007 through August 14, 2007 for effective preparation of counsel. See 18 U.S.C. 21 §3161(h)(8)(A). The failure to grant the requested continuance would deny the defendant 22 effective preparation of counsel, taking into account the exercise of due diligence, and would 23 result in a miscarriage of justice. See 18 U.S.C. §3161(h)(8)(B)(iv). 24 25 DATED:______________ 26 27 28
STIPULATION AND [PROPOSED] ORDER EXTENDING THE TIME LIMIT FOR THE PRELIMINARY HEARING AND EXCLUDING TIME - CR 03-07-70344 BZ

_____________________________________ Honorable James Larson United States Magistrate Judge

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