Free Stipulation - District Court of California - California

Case 5:07-cr-00399-HRL

Document 8

Filed 08/14/2007

Page 1 of 2

1 2 3 4 5 6 7 8 9 10

SCOTT N. SCHOOLS (SCSBN 9990) United States Attorney BRIAN J. STRETCH (CSBN 163973) Chief, Criminal Division SUSAN KNIGHT (CSBN 209013) Assistant United States Attorney 150 Almaden Blvd., Suite 900 San Jose, California 95113 Telephone: (408) 535-5056 Fax: (408) 535-5066 [email protected] Attorneys for Plaintiff UNITED STATES DISTRICT COURT

11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN JOSE DIVISION 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The above-captioned case is currently scheduled for a status hearing on August 23, 2007 at 9:30 a.m. The parties respectfully request that the appearance be vacated because a disposition has been reached in the case. Specifically, the parties agree that pretrial diversion is an appropriate disposition in this matter, and Mr. Klauser will be referred to Pretrial Services for an intake evaluation. Such evaluation may take up to three months. Therefore, the parties request that the case be taken off calendar and if Mr. Klauser is accepted into a diversion program, the government will notify the Court. If Mr. Klauser is not accepted by Pretrial Services, the government will notify the Court to schedule further proceedings. Accordingly, the parties request that time be excluded under the Speedy Trial Act from August 23, 2007 until November
STIPULATION AND [PROPOSED] ORDER TO EXCLUDE TIME AND DEFER PROSECUTION CR 07-00399 HRL

UNITED STATES OF AMERICA, Plaintiff, v. ERIK SAUL KLAUSER, Defendant.

) ) ) ) ) ) ) ) ) )

No. CR 07-00399 HRL STIPULATION AND [PROPOSED] ORDER TO EXCLUDE TIME AND DEFER PROSECUTION

Case 5:07-cr-00399-HRL

Document 8

Filed 08/14/2007

Page 2 of 2

1 2 3 4 5 6 7

8, 2007 in order to Mr. Klauser to be evaluated by Pretrial Services for his eligibility to participate in a pretrial diversion program. 18 U.S.C. § 3161(h)(2). SO STIPULATED. SCOTT N. SCHOOLS United States Attorney __________/s/_________________ SUSAN KNIGHT Assistant United States Attorney ___________/s/________________ NICHOLAS HUMY Assistant Federal Public Defender

DATED: 8/14/07

DATED: 8/14/07 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: ______________

Based on the stipulation of the parties and for good cause shown, IT IS HEREBY ORDERED that the status hearing on August 23, 2007 at 9:30 a.m. is vacated. The Court FURTHER ORDERS that time is excluded under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(2) from August 23, 2007 until November 8, 2007 for the purpose of allowing the defendant to be evaluated by Pretrial Services to determine his eligibility to participate in a pretrial diversion program.

_____________________________ HOWARD R. LLOYD United States Magistrate Judge

STIPULATION AND [PROPOSED] ORDER TO EXCLUDE TIME AND DEFER PROSECUTION CR 07-00399 HRL