Free Proposed Order - District Court of California - California

Case 3:07-cr-00575-EDL

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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,

On June 22, 2007, the parties appeared before the Court and stipulated that time should be excluded from the Speedy Trial Act calculations from June 22, 2007 through July 10, 2007. Further, counsel for the defendant waived the defendant's right to a preliminary hearing within 20 days, pursuant to Fed. R. Crim. P. 5.1(c), (d). The parties now stipulate and request that the Court enter an Order that the Preliminary Hearing be removed from the July 10, 2007 calendar and be continued until August 2, 2007 and that time should be excluded from the Speedy Trial Act calculations from July 10, 2007 through

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August 2, 2007 for effective preparation of counsel. The Government is in the process of preparing and providing 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 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 9, 2007 15 16 17 DATED: July 9, 2007 18 19 20 21 IT IS SO ORDERED. 22

_____/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 July 10, 2007 calendar and be 23 continued until August 2, 2007. For the reasons stated above, the Court finds that the ends of 24 justice served by the continuance outweigh the best interests of the public and the defendant in a 25 speedy trial and that time should be excluded from the Speedy Trial Act calculations from July 26 10, 2007 through August 2, 2007 for effective preparation of counsel. See 18 U.S.C. 27 §3161(h)(8)(A). The failure to grant the requested continuance would deny the defendant 28
STIPULATION AND [PROPOSED] ORDER EXTENDING THE TIME LIMIT FOR THE PRELIMINARY HEARING AND EXCLUDING TIME - CR 03-07-70344 BZ

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effective preparation of counsel, taking into account the exercise of due diligence, and would result in a miscarriage of justice. See 18 U.S.C. §3161(h)(8)(B)(iv).

DATED:______________

_____________________________________ Honorable James Larson United States Magistrate Judge

STIPULATION AND [PROPOSED] ORDER EXTENDING THE TIME LIMIT FOR THE PRELIMINARY HEARING AND EXCLUDING TIME - CR 03-07-70344 BZ

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