Free Order - District Court of California - California

Case 5:07-cr-00341-JF

Document 13

Filed 07/12/2007

Page 1 of 2 **E-filed 7/12/07**

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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 BADILLO-PINEDA

IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 UNITED STATES OF AMERICA, 12 13 14 15 16 Defendant and the government, through their respective counsel, hereby stipulate that, 17 subject to the court's approval, the hearing date in the above-captioned matter, presently 18 scheduled for Thursday, July 12, 2007, at 9:00a.m., be continued to Wednesday, July 25, 2007, at 19 9:00a.m. The parties request a continuance due to ongoing defense investigation and preparation. 20 The parties further agree and stipulate that time should be excluded from and including 21 July 12, 2007 through and including July 25, 2007, to provide counsel reasonable time to 22 prepare, pursuant to Speedy Trial Act, 18 U.S.C. §3161(h)(8)(A) and (B)(iv). Accordingly, the 23 United States and the defendant agree that granting the requested exclusion of time will serve the 24 interest of justice and outweigh the interest of the public and defendant in a speedy trial. 25 26
STIPULATION TO CONTINUE HEARING; [PROPOSED] ORDER No. CR 07-00341 JF

) ) ) Plaintiff, ) v. ) ) JAVIER BADILLO-PINEDA, ) ) Defendant. _____________________________________ )

No. CR 07-00341 JF STIPULATION TO CONTINUE STATUS HEARING DATE; --------------[PROPOSED] ORDER

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Case 5:07-cr-00341-JF

Document 13

Filed 07/12/2007

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Dated:07/11/2007

_________/s/___________ NICHOLAS P. HUMY Assistant Federal Public Defender ________/s/_____________ BENJAMIN KENNEDY Assistant United States Attorney

Dated:07/11/2007

ORDER The parties have jointly requested a continuance of the hearing set for July 12, 2007 due to ongoing defense investigation and preparation. GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the hearing date presently set for July 12, 2007 be continued to July 25, 2007 at 9:00a.m as well as the period of delay from July 12, 2007, to and including July 25, 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).

Dated: 16 17 18 19 20 21 22 23 24 25 26

7/12/07

__________________________________ JEREMY FOGEL United States District Judge

ORDER CONTINUING HEARING No. CR 07-00341 JF

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