Elawyers Elawyers
Washington| Change

U.S. v. ALLEN, CR 13-0640 EMC. (2014)

Court: District Court, N.D. California Number: infdco20140213951 Visitors: 4
Filed: Feb. 12, 2014
Latest Update: Feb. 12, 2014
Summary: STIPULATION AND [PROPOSED] ORDER DOCUMENTING EXCLUSION OF TIME UNDER THE SPEEDY TRIAL ACT EDWARD M. CHEN, District Judge. The parties, Assistant United States Attorney Damali Taylor on behalf of the United States and Paul Demeester, Esquire, on behalf of the defendant, JONTAE ALLEN, hereby request that the status conference date, presently set for February 12, 2014, be continued until March 5, 4014 so that the defense may continue to review discovery and so that the parties can discuss resol
More

STIPULATION AND [PROPOSED] ORDER DOCUMENTING EXCLUSION OF TIME UNDER THE SPEEDY TRIAL ACT

EDWARD M. CHEN, District Judge.

The parties, Assistant United States Attorney Damali Taylor on behalf of the United States and Paul Demeester, Esquire, on behalf of the defendant, JONTAE ALLEN, hereby request that the status conference date, presently set for February 12, 2014, be continued until March 5, 4014 so that the defense may continue to review discovery and so that the parties can discuss resolution of the case pre-trial. The parties further requested that, given the need to gather and examine discovery, time continue to be excluded under the Speedy Trial Act until March 5, 2014. Defense counsel believes that it is in the best interests of the defendant to do so. The government agrees. To date, no time has elapsed under the Speedy Trial Act.

The parties agree that the ends of justice served by granting such an exclusion of time outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

SO STIPULATED:

[PROPOSED] ORDER

For the foregoing reasons, the Court HEREBY ORDERS that the status conference date in this matter is re-set to March 5, 2014, at 2:30 p.m. The Court finds that the extension is proper under Title 18, United States Code, Sections 3060 and 3161.

The Court finds that the failure to grant the requested extension would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice served by granting the requested extension outweigh the best interests of the public and the defendant in a speedy trial and in the prompt disposition of criminal cases. The Court also concludes that an exclusion of time through and including March 5, 2014, should be made under Title 18, United States Code, Sections 3161(h)(7)(A) and 3161(h)(7)(B)(iv). The Court also finds that the ends of justice served by an exclusion of time through and including March 5, 2014 outweigh the best interest of the public and the defendant in a speedy trial. Id. § 3161(h)(7)(A).

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer