Free Order - District Court of California - California


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Date: April 25, 2007
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State: California
Category: District Court of California
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Case 5:O7—cr—OO362—JF Document 13 Filed O4/25/2007 Page 1 of 2
I BARRY J. PORTMAN
Federal Public Defender ` P` ""“““"”
2 CYNTHIA C. LIE ,
Assistant Federal Public Defender APR 2 fj gg
3 160 West Santa Clara Street, Suite 575 * RICH P
San Jose, CA 95113 N CLERK U€l§liD;’E·-,-wif.¤,;'=;»J ‘
4 Telephone: (408) 291-7753 OHTHERN DlSTR§§·t '» {‘_‘€l,:,
samlost “'·~·"¤**·1lA
5 Counsel for Defendant PORTER
6
7
IN THE UNITED STATES DISTRICT COURT
8
FOR THE NORTHERN DISTRICT OF CALIFORNLA
9
10
UNITED STATES OF AMERICA, ) N0. CR-07-70081 PVT
ll )
Plaintiff, ) STIPULATION, WAIVER AND
12 ) [PROPOSED] ORDER CONTINUING
vs. ) PRELIMINARY HEARING AND
I3 ) EXCLUDING TIME FOR INDICTMENT
JOKAELLE PORTER, )
I4 )
Defendant. )
15 )
I6 STIPULATION AND WAIVER
17 The parties hereby stipulate and agree that the date currently set for preliminary hearing
18 and/or arraignment may be continued for three weeks from April 26, 2007 to May 17, 2007 at
19 9:30 a.m. Mr. Porter, by his signature below, further consents to extend by three weeks the time
20 for preliminary hearing under Rule 5.1 of the Federal Rules of Criminal Procedure. The purpose
21 ofthe requested continuance is to permit the defense to continue its investigation into the
22 circumstances of the alleged offense and to facilitate the parties’ efforts to reach a pre-indictment
23 resolution. The parties further agree that the intervening three weeks may be excluded from the
24 time within which an indictment shall be tiled, as the reasonable time necessary for effective
25 defense preparation under 18 U.S.C. §3l6l(h)(8)(A) and (B)(iv).
26
Stipulation and [Proposed] Order Continuing
Hearing l

Case 5:O7—cr—OO362—JF Document 13 Filed O4/25/2007 Page 2 of 2
1 Dated: April 23, 2007
2 sl
CYNTHIA C. LIE
3 Assistant Federal Public Defender
4 Dated: April 23, 2007
5 sf
JOKAELLE PORTER
6 Defendant
7 Dated: April 24, 2007
8 s/
THOMAS M. O’CONNELL
9 Assistant United States Attorney
10
[PROPOSED] ORDER
ll
Good cause appearing and by stipulation of the parties, it is hereby ordered that the date
12
set for preliminary hearing and/or arraignment in the above-captioned matter shall be continued
13
from Thursday, April 26, 2007 to Thursday, May 17, 2007 at 9:30 a.m.
14
It is further ordered that 21 days shall be excluded from the time within which an
15
indictment shall be tiled under the Speedy Trial Act, as the sonable time necessary for
16
effective preparation of counsel, pursuant to 18 U.S.C. § )(8)(A) and (B)(iv).
17
,··-
18 Dated: April E2, 2007
5f ..s.
19
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A -- ADR.LLOYD
20 United tes Magistrate Jiiisigzw -‘
21
22
23
24
25
26
Stipulation and [Proposed] Order Continuing
Hearing 2

Case 5:07-cr-00362-JF

Document 13

Filed 04/25/2007

Page 1 of 2

Case 5:07-cr-00362-JF

Document 13

Filed 04/25/2007

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