Free Proposed Order - District Court of California - California

Case 3:07-cr-00575-EDL

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Filed 07/09/2007

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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 On June 22, 2007, the parties in this case 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. The parties represented that granting the continuance was necessary for continuity of counsel, taking into account the exercise of due diligence, insofar as counsel for the defendant and counsel for the Government are each unavailable for certain dates within this period. Counsel for the defendant also agreed to waive the defendant's right to a preliminary hearing within 10 days, pursuant to Fed. R. Crim. P. 5.1(c), in light of these scheduling conflicts. The parties also represented that the continuance was also necessary for effective preparation of
Stipulation and [Proposed] Order 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 EXCLUDING TIME

JOHN DOE aka VADINHO aka GERARDO GUILLERMO RUIZSANCHEZ,

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Case 3:07-cr-00575-EDL

Document 5

Filed 07/09/2007

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counsel to permit defense counsel to review discovery. See 18 U.S.C. § 3161(h)(8)(B)(iv). IT IS SO STIPULATED. SCOTT N. SCHOOLS United States Attorney

DATED: July 9, 2007 6 7 8 DATED: July 9, 2007 9 10 11 12 13 IT IS SO ORDERED. 14

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

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

As the Court found on June 22, 2007, and for the reasons stated above, the Court finds that 15 the ends of justice served by the continuance outweigh the best interests of the public and the 16 defendant in a speedy trial and that time should be excluded from the Speedy Trial Act 17 calculations from June 22, 2007 through July 10, 2007 for continuity of counsel and effective 18 preparation of counsel. See 18 U.S.C. §3161(h)(8)(A). The failure to grant the requested 19 continuance would deny the defendant continuity of counsel and effective preparation of counsel, 20 taking into account the exercise of due diligence, and would result in a miscarriage of justice. 21 See 18 U.S.C. §3161(h)(8)(B)(iv). 22 23 24 DATED:______________ 25 26 27 28
Stipulation and [Proposed] Order Excluding Time - CR 03-07-70344 BZ

_____________________________________ Honorable Bernard Zimmerman United States Magistrate Judge

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