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U.S. v. Pearmain, 13-0515 CRB. (2016)

Court: District Court, N.D. California Number: infdco20161212850 Visitors: 13
Filed: Dec. 09, 2016
Latest Update: Dec. 09, 2016
Summary: STIPULATED ORDER CONTINUING STATUS CONFERENCE CHARLES R. BREYER , District Judge . The above-captioned case is currently scheduled for a status conference on December 14, 2016. However, the clerk of the Court has informed the parties that the Court will be unavailable on that date. The parties have discussed the matter and now jointly request that the status conference be continued to December 21, 2016. Further, the parties stipulate and jointly request that time be excluded from the Speed
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STIPULATED ORDER CONTINUING STATUS CONFERENCE

The above-captioned case is currently scheduled for a status conference on December 14, 2016. However, the clerk of the Court has informed the parties that the Court will be unavailable on that date. The parties have discussed the matter and now jointly request that the status conference be continued to December 21, 2016.

Further, the parties stipulate and jointly request that time be excluded from the Speedy Trial Act calculations from December 14, 2016 through December 21, 2016 for effective preparation of counsel. The parties agree that the ends of justice served by granting such a continuance outweighed the best interests of the public and the defendants in a speedy trial. See 18 U.S.C. § 3161(h)(7)(A).

Pursuant to 18 U.S.C. § 3161, and Crim. Loc. Rule 47-2(c), there are seventy (70) days remaining before the trial in this case must commence.

IT IS SO STIPULATED.

ORDER

For good cause shown, this matter shall be added to the Court's calendar on December 21, 2016 at 2:00 p.m. for a status conference.

In addition, for the reasons stated above, the Court finds that an exclusion of time from December 8, 2016 through December 21, 2016 is warranted and that the ends of justice served by the continuance outweigh the best interests of the public and the defendant in a speedy trial. See 18 U.S.C. § 3161 (h)(7)(A). The failure to grant the requested continuance would deny defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and would result in a miscarriage of justice. See 18 U.S.C. § 3161(h)(7)(B)(iv).

Pursuant to 18 U.S.C. § 3161, and Crim. Loc. Rule 47-2(c), there are seventy (70) days remaining before the trial in this case must commence.

IT IS SO ORDERED.

Source:  Leagle

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