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U.S. v. Adams, CR 13-MJ-71441 MAG. (2014)

Court: District Court, N.D. California Number: infdco20140715755 Visitors: 18
Filed: Jul. 09, 2014
Latest Update: Jul. 09, 2014
Summary: STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE NANDOR VADAS, Magistrate Judge. The Court has set July I5, 2014 at 9:30 a.m. as the date for a preliminary hearing or arraignment. The parties hereby stipulate to reset the preliminary hearing or arraignment to October 21, 2014 at 9:30 a.m., and they request that the Court extend the time limits provided by Federal Rule of Criminal Procedure 5.1 (c). This extension of time is necessary for the parties to explore a possible pre-indi
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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE

NANDOR VADAS, Magistrate Judge.

The Court has set July I5, 2014 at 9:30 a.m. as the date for a preliminary hearing or arraignment. The parties hereby stipulate to reset the preliminary hearing or arraignment to October 21, 2014 at 9:30 a.m., and they request that the Court extend the time limits provided by Federal Rule of Criminal Procedure 5.1 (c). This extension of time is necessary for the parties to explore a possible pre-indictment resolution, to produce and review discovery, and for effective preparation of counsel.

Pursuant to Rule 5.1 (d), the defendants and the government consent to the extension of time, and the parties represent that good cause exists for this extension, including the effective preparation of counsel. See 18 U.S.C. § 3161 (h)(7)(B)(iv). For the same reasons, the parties also request that the Court exclude from the time limits of 18 U.S.C. § 3161 the period from the date ofthis order through October 21, 2014. The parties also agree that the ends ofjustice served by granting such an exclusion o time outweigh the best interests ofthe public and the defendant in a speedy trial. See 18 U.S.C. § 3161 (h)(7)(A).

IT IS SO STIPULATED.

Dated: July 9, 2014. Melinda Haag United States Attorney Dated: July 9, 2014. KEVIN BARRY Assistant United States Attorney

ORDER

For the reasons stated above, the Court sets October 21, 2014, as the date for the arraignment or preliminary hearing. The Court finds that extension of time limits applicable under Federal Rule of Criminal Procedure 5.1 (c) from the date of this order through October 21, 2014, is warranted; that exclusion of this period from the time limits applicable under 18 U.S.C. § 3161 is warranted; that the ends of justice served by the continuance outweigh the interests of the public and the defendant in the prompt disposition of this criminal case; and that the failure to grant the requested exclusion oftime would deny counsel for the defendant and for the government the reasonable time necessary for effective preparation of counsel, taking into account the exercise of due diligence, and would result in a miscarriage of justice. 18 U.S.C. § 3161 (h)(7)(B)(iv).

IT IS SO ORDERED.

Source:  Leagle

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