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U.S. v. LEON, CR 17-0244-1 WHO (2017)

Court: District Court, N.D. California Number: infdco20170629797 Visitors: 28
Filed: May 18, 2017
Latest Update: May 18, 2017
Summary: [PROPOSED] ORDER EXCLUDING TIME FROM MAY 16, 2017 TO JUNE 15, 2017 UNDER THE SPEEDY TRIAL ACT JOSEPH C. SPERO , Chief Magistrate Judge . Defendants, Carlos Edgardo Ferran Leon, represented by Ethan Balogh, Felix Lopez Galindo, represented by Randy Sue Pollock, and Pedro Lopez Galindo, represented by Colin Cooper, and the government, represented by Rita Lin, Assistant United States Attorney, appeared before the Court on May 11, 2017 for a status hearing. At that time, the indictment against
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[PROPOSED] ORDER EXCLUDING TIME FROM MAY 16, 2017 TO JUNE 15, 2017 UNDER THE SPEEDY TRIAL ACT

Defendants, Carlos Edgardo Ferran Leon, represented by Ethan Balogh, Felix Lopez Galindo, represented by Randy Sue Pollock, and Pedro Lopez Galindo, represented by Colin Cooper, and the government, represented by Rita Lin, Assistant United States Attorney, appeared before the Court on May 11, 2017 for a status hearing. At that time, the indictment against the defendants remained under seal, and government counsel provided redacted copies to defense counsel. The Court set May 18, 2017 for a status on the unsealing of the indictment. On May 16, 2017, Assistant United States Attorney Sheila Armbrust unsealed the indictment and provided unredacted copies to defense counsel.

The parties now stipulate to vacate the appearance on May 18, 2017, for a status on the unsealing of the indictment and to exclude time under the Speedy Trial Act from May 16, 2017, until June 15, 2017, on which date the parties will appear for an initial appearance in front of the Honorable William H. Orrick. Government counsel will be producing discovery to defense counsel, who need time to review this with their clients.

IT IS SO STIPULATED

Based upon the representation of counsel and for good cause shown, the Court vacates the May 18, 2017, status set for defendants Carlos Ferran Leon, Felix Lopez Galindo, and Pedro Lopez Galindo. The Court finds that failing to exclude the time between May 16, 2017, and June 15, 2017, would unreasonably deny the defendants continuity of counsel and would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). The Court further finds that the ends of justice served by excluding the time between May 16, 2017, and June 15, 2017, from computation under the Speedy Trial Act outweigh the best interests of the public and the defendant in a speedy trial. Therefore, IT IS HEREBY ORDERED that the time between May 16, 2017, and June 15, 2017, shall be excluded from computation under the Speedy Trial Act. 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).

Source:  Leagle

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