Free Proposed Order - District Court of California - California

Case 5:07-cr-00282-RMW

Document 36

Filed 12/05/2007

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N. SCHOOLS (SC 9990) 2 163973) (NYSBN 2040855) ssistant United States Attorney 150 Almaden Blvd., Suite 900 San Jose, California 95 113 Telephone: (408) 535-5042 7

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
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UNITED STATES OF AMERICA, Plaintiff,

No. CR-07-00282 RMW

)[PROPOSED] ORDER CONTINUING )STATUS DATE

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1.

On December 3,2007, a status hearing on this matter was held before the

20 Honorable Ronald M. Whyte, United States District Judge. 21 2. Counsel for the government appeared in court; counsel for the defendant appeared

22 telephonically as per this court's previous order. 23
3.

At that time, defendant's counsel represented that he was still reviewing the

24 discovery materials sent to him by the government, and that he might have specific requests 25 regarding the discovery after he completes that review 26 4. Counsel for the defendant has spoken with the defendant and the defendant has no

27 objection to the continuance sought herein.
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[Proposed] Order CR-07-00282 RMW

Case 5:07-cr-00282-RMW

Document 36

Filed 12/05/2007

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5.

The defendant is not in custody. This continuance was sought to save the court's time and resources and to allow

6.

ime for the defendant and the government to evaluate and analyze discovery information which 4

7. Additionally, denial of this request could result in a miscarriage of justice, taking 5 6 llinto account the exercise of due diligence. The additional time requested by this stipulation is excludable in computing the 8. S ime within which the trial herein must commence pursuant to the Speedy Trial Act, Title 18,

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ill have a bearing on future negotiations.

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nited States Code, Sections 3 161(h)(l)(F), 3 161(h)(7), and 3 161(H)(8)(A), considering the Code, Sections and 3161

Case 5:07-cr-00282-RMW

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Based upon the foregoing representations made by the parties by in court, and good cause ppearing therefor,

IT IS HEREBY ORDERED that the matter shall be set for status on January 28, 2008,
t 9:00 a.m., or a date and time thereafter at the convenience of the Court.

IT IS FURTHER ORDERED that the time between December 3,2007 and January 28,
008 shall be excluded from the computation the period within which the trial must commence, 2r the reasons and based upon the statutory provisions set forth above, and for those reasons roffered by the parties. The Court finds that the ends of justice outweigh the interests of the ublic and the parties in a speedier trial based upon the grounds set forth above.

IT IS FURTHER ORDERED that counsel for the defendant and the defendant himself
lay appear telephonically on January 28,2008.

RONALD M. WHYTE United States District Judge )istribute to: IOUGLAS I. LOUISON ittorney for Defendant derrick, Louison, & Costello 7 Batterymarch Street )oston, MA 02 110 4ATTHEW A. PARRELLA issistant United States Attorney rttorney for Plaintiff 50 Almaden Blvd., Suite 900 Ian Jose, CA 95 1 13

Proposed] Order CR-07-00282 RMW