Free Order - District Court of California - California

Case 5:07-cr-00321-JF

Document 13

Filed 07/13/2007

Page 1 of 2 **E-filed 7/13/07**

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BARRY J. PORTMAN Federal Public Defender LARA S. VINNARD Assistant Federal Public Defender 160 West Santa Clara Street, Suite 575 San Jose, CA 95113 Telephone: (408) 291-7753 Counsel for Defendant HERNANDEZ

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION UNITED STATES OF AMERICA, ) ) ) Plaintiff, ) ) v. ) ) JOSE MANUEL HERNANDEZ, ) ) Defendant. _____________________________________ ) No. CR 07-00321 JF STIPULATION TO CONTINUE HEARING AND EXCLUDE TIME; --------------[PROPOSED] ORDER

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Defendant and the government, through their respective counsel, hereby stipulate that, subject to the court's approval, the hearing in the above-captioned matter, presently scheduled for Wednesday, July 12, 2007, be continued to Wednesday, July 18, 2007, at 9:00 a.m. The continuance is requested because the defense has proposed modifications to the government's settlement offer, which the government requires time to consider. The parties hope to resolve this illegal reentry case with a "fast track" disposition at the parties' next appearance. The parties further agree that time should be excluded under the Speedy Trial Act because the defense requires time for effective preparation and investigation, and the ends of justice outweigh the defendant's and the public's need for a speedy trial.

STIPULATION TO CONTINUE HEARING DATE; [PROPOSED] ORDER No. CR 07-00321 JF

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Case 5:07-cr-00321-JF

Document 13

Filed 07/13/2007

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Dated:

7/11/07

_________/s/________________ LARA S. VINNARD Assistant Federal Public Defender __________/s/________________ BENJAMIN KENNEDY Assistant United States Attorney ORDER

Dated:

7/11/07

6 The parties have jointly requested a continuance of the hearing set for July 12, 2007, to 7 allow time government to consider proposed modifications to the parties' settlement agreement. 8 GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the hearing date 9 presently set for July 12, 2007, be continued to July 18, 2007, at 9:00 a.m. 10 Pursuant to the parties' stipulation, IT IS FURTHER ORDERED that the period of time 11 from July 12, 2007, to July 18, 2007, shall be excluded from the period of time within which trial 12 must commence under the Speedy Trial Act, 18 U.S.C. § 3161 et seq. 13 14 15 16 17 18 19 20 21 22 23 24 25 26
STIPULATION TO CONTINUE HEARING DATE; [PROPOSED] ORDER No. CR 07-00321 JF

Dated:

7/13/07

__________________________________ JEREMY FOGEL United States District Judge

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