Free Order - District Court of California - California

Case 5:07-cr-00321-JF

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**E-filed 6/25/07** 1 2 3 4 5 6 7 8 Attorneys for the United States of America 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. JOSE MANUEL HERNANDEZ, Defendant. UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) No. CR 07-00321 JF UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 150 Almaden Boulevard San Jose, California 95113 Telephone: (408) 535-5059 Facsimile: (408) 535-5066 Email: [email protected] MARK L. KROTOSKI (CASBN 138549) Chief, Criminal Division BENJAMIN T. KENNEDY (CASBN 241350) Assistant United States Attorney SCOTT N. SCHOOLS (SCSBN 9990) United States Attorney

-------------STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM JUNE 13, 2007 TO JULY 12, 2007 FROM THE SPEEDY TRIAL ACT CALCULATION (18 U.S.C. § 3161(h)(8)(A))

On June 13, 2007 the parties appeared for a hearing before this Court. At that hearing, defense counsel requested an exclusion of time under the Speedy Trial Act based upon defense counsel's need to effectively prepare by reviewing the defendant's A file and other discovery materials submitted by the government. At that time, the Court set the matter for a hearing on July 12, 2007. The parties stipulate that the time between June 13, 2007 and July 12, 2007 is excluded under the Speedy Trial Act, 18 U.S.C. §3161, and agree that the failure to grant the requested continuance would unreasonably deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Finally, the parties agree that the

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Case 5:07-cr-00321-JF

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ends of justice served by granting the requested continuance outweigh the best interest of the public, and the defendant in a speedy trial and in the prompt disposition of criminal cases. 18 U.S.C. §3161(h)(8)(A).

DATED: June 15, 2007

SCOTT N. SCHOOLS United States Attorney __/s/___________________________________ BENJAMIN T. KENNEDY Assistant United States Attorney

___/s/__________________________________ LARA VINNARD Assistant Federal Public Defender

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. DATED: 6/25/07 nunc pro tunc to 6/13/07

ORDER Based upon the stipulation of the parties, and for good cause shown, the Court HEREBY ORDERS that the time between June 13, 2007 and July 12, 2007 is excluded under the Speedy Trial Act, 18 U.S.C. §3161. The court finds that the failure to grant the requested continuance would unreasonably deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Furthermore, the Court finds that the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendant in a speedy trial and in the prompt disposition of criminal cases. The court therefore concludes that this exclusion of time should be made under 18 U.S.C. §3161(h)(8)(A).

_______________________________________ JEREMY FOGEL UNITED STATES DISTRICT JUDGE

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