Free Order - District Court of California - California

Case 5:O7—cr—OO362—JF Document 1 1 Filed O4/O3/2007 Page 1 of 2
1 BARRY J. PORTMAN F
Federal Public Defender
2 CYNTHIA C. LIE D
Assistant Federal Public Defender
3 160 West Santa Clara Street, Suite 575 APR - 3 2007
San Jose, CA 95113 HIGHMLW
4 Tele hone: (408) 291-7753 ____;‘L5;:; "" Vi,.E=l’ét; I. 5
P ..i.·~iia'liHi§iEr'§-lttiitliii
5 Counsel for Defendant PORTER SAN JOSE W" RMA
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA, ) No. CR-07-70081 PVT
ll )
Plaintiff] ) STIPULATION, WAIVER AND
12 ) ORDER CONTINUING
vs. ) PRELIMINARY HEARING AND
13 ) EXCLUDING TIME FOR INDICTMENT
JOKAELLE PORTER, )
14 )
Defendant. )
15 )
16 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 5, 2007, to April 26, 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 of the 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 filed, as the reasonable time necessary for eifective
25 defense preparation under 18 U.S.C. §3l6l(h)(8)(A) and (B)(iv).
26
Stipulation and [Proposed] Order Continuing
Hearing 1

Case 5:O7—cr—OO362—JF Document 11 Filed O4/O3/2007 Page 2 of 2
1 Dated: March 28, 2007
2 s/
CYNTHIA C. LIE
3 Assistant Federal Public Defender
4 Dated: April 2, 2007
5 sf
JOKAELLE PORTER
6 Defendant
7 Dated: March 29, 2007
8 sf
THOMAS M. O’CONNELL
9 Assistant United States Attorney
10 F}
ORDER
ll
Good cause appearing and by stipulation of the parties, it is hereby ordered that the date
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set for preliminary hearing andfor arraignment in the above-captioned matter shall be continued
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from Thursday, April 5, 2007 to Thursday, April 26, 2007 at 9:30 a.m.
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It is further ordered that 21 days shall be excluded from the time within which an
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indictment shall be filed under the Speedy Trial Act, as the reasonable time necessary for
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effective preparation of counsel, pursuant to 18 U.S.C. §3l61(h)(8)(A) and (B)(iv).
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is D · ‘ 3 7
ated. Apr1l___, 2007 /7 _
- .·//,’
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RICHARD SEEBOR
20 United States Magistrate Judge
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Stipulation and [Proposed] Order Continuing
Hearing 2

Case 5:07-cr-00362-JF

Document 11

Filed 04/03/2007

Page 1 of 2

Case 5:07-cr-00362-JF

Document 11

Filed 04/03/2007

Page 2 of 2