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U.S. v. MALLARI, CR 17-403 EMC-2. (2017)

Court: District Court, N.D. California Number: infdco20171107676 Visitors: 6
Filed: Nov. 06, 2017
Latest Update: Nov. 06, 2017
Summary: STIPULATION TO EXCLUDE TIME AND [PROPOSED] ORDER EDWARD M. CHEN , District Judge . STIPULATION IT IS HEREBY STIPULATED, by and between the parties to this action, as stated on the record at the status conference on October 23, 2017, that the time between October 23, 2017, and November 29, 2017, be excluded under the Speedy Trial Act pursuant to 18 U.S.C. 3161(h)(7)(A) and (h)(7)(B). Excluding time until November 29, 2017, will allow defense counsel the reasonable time necessary for e
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STIPULATION TO EXCLUDE TIME AND [PROPOSED] ORDER

STIPULATION

IT IS HEREBY STIPULATED, by and between the parties to this action, as stated on the record at the status conference on October 23, 2017, that the time between October 23, 2017, and November 29, 2017, be excluded under the Speedy Trial Act pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (h)(7)(B). Excluding time until November 29, 2017, will allow defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(7)(B)(iv). Such time is also excludable due to a delay caused by trial with respect to other charges against the defendant. Id. § 3161(h)(1)(B).

IT IS SO STIPULATED.

[PROPOSED] ORDER

As explained on the record during the October 23, 2017, status conference, the Court finds that the exclusion of the period from October 23, 2017, to November 29, 2017, 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 of time would unreasonably 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)(A) and (B)(iv). Such time is also excludable due to a delay caused by trial with respect to other charges against the defendant. Id. § 3161(h)(1)(B).

IT IS SO ORDERED.

Source:  Leagle

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