Free Order - District Court of California - California

Case 5:07-cr-00362-JF

Document 25

Filed 09/06/2007

Page 1 of 2 **E-filed 9/6/07**

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BARRY J. PORTMAN Federal Public Defender NICHOLAS P. HUMY Assistant Federal Public Defender 160 West Santa Clara Street, Suite 575 San Jose, CA 95113 Telephone: (408) 291-7753 Counsel for Defendant PORTER

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION UNITED STATES OF AMERICA, ) ) ) Plaintiff, ) v. ) ) JOAKELLE PORTER, ) ) Defendant. _____________________________________ ) No. CR 07-00362 JF STIPULATION TO CONTINUE --------------STATUS DATE; [PROPOSED] ORDER

Defendant and the government, through their respective counsel, hereby stipulate that, subject to the court's approval, the status hearing date in the above-captioned matter, presently scheduled for Wednesday, September 05, 2007, at 9:00 a.m., be continued to Wednesday, September 12, 2007, at 9:00 a.m. The continuance is requested because defense counsel has become unavailable on September 05, 2007. The parties further agree and stipulate that time should be excluded from September 05, 2007 through and including September 12, 2007 pursuant to Speedy Trial Act, 18 U.S.C. §3161(h)(8)(A) and (B)(iv). Accordingly, the United States and the defendant agree that granting the requested exclusion of time will serve the interest of justice and outweigh the interest of the public and defendant in a speedy trial.

STIPULATION TO CONTINUE HEARING; [PROPOSED] ORDER No. CR 07-00362 JF

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Case 5:07-cr-00362-JF

Document 25

Filed 09/06/2007

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Dated: 09/04/07

_________/s/___________ NICHOLAS P. HUMY Assistant Federal Public Defender ________/s/_____________ TOM O'CONNELL Assistant United States Attorney

Dated: 09/04/07

ORDER The parties have jointly requested a continuance of the status hearing set for September 05, 2007 due to the unavailability of defense counsel. GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the hearing date presently set for September 05, 2007 be continued to September 12, 2007 at 9:00a.m. as well as the period of delay from September 05, 2007, to and including September 12, 2007, be excluded for purposes of Speedy Trial Act computations pursuant to Title 18, United States Code, Sections 3161(h)(8)(A) and 3161(h)(8)(B)(iv).

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9/5/07

__________________________________ JUDGE FOGEL United States District Judge

ORDER CONTINUING HEARING No. CR 07-00362 JF

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