Elawyers Elawyers
Washington| Change

U.S. v. JAMES, CR 12-0048 CW. (2012)

Court: District Court, N.D. California Number: infdco20120412a40 Visitors: 6
Filed: Apr. 11, 2012
Latest Update: Apr. 11, 2012
Summary: [PROPOSED] ORDER EXCLUDING TIME FROM APRIL 10, 2012 TO MAY 1, 2012. CLAUDIA WILKEN, District Judge. The parties made their initial appearance before the district court on February 28, 2012. At the initial appearance, the court continued the matter until April 10, 2012, for motion/trial setting or change of plea and excluded time. The parties submitted a stipulation and proposed order to continue that hearing until May 1, 2012, and this court granted that request. With the agreement of couns
More

[PROPOSED] ORDER EXCLUDING TIME FROM APRIL 10, 2012 TO MAY 1, 2012.

CLAUDIA WILKEN, District Judge.

The parties made their initial appearance before the district court on February 28, 2012. At the initial appearance, the court continued the matter until April 10, 2012, for motion/trial setting or change of plea and excluded time. The parties submitted a stipulation and proposed order to continue that hearing until May 1, 2012, and this court granted that request. With the agreement of counsel for both parties and the defendant, the Court now finds and holds as follows:

1. The parties agree to an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, from April 10, 2012 to May 1, 2012. Failure to grant the requested continuance would unreasonably deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence and the need for defense counsel to confer with his expert and his client regarding the expert evidence review that the defense recently conducted.

2. Given these circumstances, the Court found that the ends of justice served by excluding the period from April 10, 2012 to May 1, 2012, outweigh the best interest of the public and the defendant in a speedy trial and filing of an indictment or information. 18 U.S.C. § 3161(h)(7)(A).

3. Accordingly, and with the consent of the defendant, the Court ordered that the period from April 10, 2012 to May 1, 2012, be excluded from Speedy Trial Act calculations under 18 U.S.C. § 3161(h)(7)(A) & (B)(iv).

IT IS SO STIPULATED.

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