Free Stipulation - District Court of California - California

Case 5:07-cr-00362-JF

Document 10

Filed 04/03/2007

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BARRY J. PORTMAN Federal Public Defender CYNTHIA C. LIE 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 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 UNITED STATES OF AMERICA, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
Stipulation and [Prop osed] Order C ontinuing Hearing

) ) ) Plaintiff, ) ) vs. ) ) JOKAELLE PORTER, ) ) Defendant. _____________________________________ )

No. CR-07-70081 PVT STIPULATION, WAIVER AND [PROPOSED] ORDER CONTINUING PRELIMINARY HEARING AND EXCLUDING TIME FOR INDICTMENT

STIPULATION AND WAIVER The parties hereby stipulate and agree that the date currently set for preliminary hearing and/or arraignment may be continued for three weeks from April 5, 2007, to April 26, 2007 at 9:30 a.m. Mr. Porter, by his signature below, further consents to extend by three weeks the time for preliminary hearing under Rule 5.1 of the Federal Rules of Criminal Procedure. The purpose of the requested continuance is to permit the defense to continue its investigation into the circumstances of the alleged offense and to facilitate the parties' efforts to reach a pre-indictment resolution. The parties further agree that the intervening three weeks may be excluded from the time within which an indictment shall be filed, as the reasonable time necessary for effective defense preparation under 18 U.S.C. §3161(h)(8)(A) and (B)(iv).

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Case 5:07-cr-00362-JF

Document 10

Filed 04/03/2007

Page 2 of 2

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Dated: March 28, 2007 s/__________________________ CYNTHIA C. LIE Assistant Federal Public Defender Dated: April 2, 2007 s/__________________________ JOKAELLE PORTER Defendant Dated: March 29, 2007 s/__________________________ THOMAS M. O'CONNELL Assistant United States Attorney [PROPOSED] ORDER

11 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 5, 2007 to Thursday, April 26, 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 filed under the Speedy Trial Act, as the reasonable time necessary for 16 effective preparation of counsel, pursuant to 18 U.S.C. §3161(h)(8)(A) and (B)(iv). 17 18 19 20 21 22 23 24 25 26
Stipulation and [Prop osed] Order C ontinuing Hearing

Dated: April ___, 2007 __________________________ RICHARD SEEBORG United States Magistrate Judge

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