Free Stipulation - District Court of California - California

Case 5:07-cr-00399-HRL

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Filed 08/03/2007

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SCOTT N. SCHOOLS (SCSBN 9990) United States Attorney W. DOUGLAS SPRAGUE (CSBN 202121) 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

9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On July 26, 2007, the parties in this case appeared before the Court for an arraignment. After the defendant was arraigned and entered a plea of not guilty, the parties jointly requested that the case be placed on Judge Lloyd's calendar on August 23, 2007. Law Clerk Lindsay Crawford then explained that the government had just provided discovery to Assistant Federal Public Defender Nicholas Humy and requested an exclusion of time under the Speedy Trial Act from July 26, 2007 to August 23, 2007. The defendant, through AFPD Humy, agreed to the exclusion, to allow adequate time for him obtain records and otherwise prepare. The undersigned parties agree and stipulate that an exclusion of time is appropriate based on the defendant's need for effective preparation of counsel. UNITED STATES OF AMERICA, Plaintiff, v. ERIK SAUL KLAUSER, Defendant. ) ) ) ) ) ) ) ) ) ) ) No. 07-00399 HRL STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME

SAN JOSE VENUE

STIPULATION AND [PROPOSED ] ORDER NO . 07-00399 HRL

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Case 5:07-cr-00399-HRL

Document 6

Filed 08/03/2007

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SO STIPULATED:

SCOTT N. SCHOOLS United States Attorney ___________/s/______________________ SUSAN KNIGHT Assistant United States Attorney ___________/s/______________________ NICHOLAS HUMY Assistant Federal Public Defender

DATED: 8/3/07

DATED: 8/3/07 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED:______________

Accordingly, for good cause shown, the Court HEREBY ORDERS that time be excluded under the Speedy Trial Act from July 26, 2007 to August 23, 2007. The Court finds, based on the aforementioned reasons, 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. The failure to grant the requested continuance would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and would result in a miscarriage of justice. The Court therefore concludes that this exclusion of time should be made under 18 U.S.C. §§ 3161(h)(8)(A) and (B)(iv). SO ORDERED.

________________________________________ RICHARD SEEBORG United States Magistrate Judge

STIPULATION AND [PROPOSED ] ORDER NO . 07-00399 HRL

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