Filed: Aug. 22, 2017
Latest Update: Aug. 22, 2017
Summary: [PROPOSED] ORDER AND STIPULATION TO CONTINUE AND EXCLUDE TIME FROM THE SPEEDY TRIAL ACT CALCULATION EDWARD M. CHEN , District Judge . STIPULATION IT IS HEREBY STIPULATED by the parties, through undersigned counsel, that: 1. The parties, defendant Vicente Cruz and the Government, appeared before the Court on August 16, 2017 at 2:30 p.m. for a status conference. Defendant Vicente Cruz, represented by Ruben Munoz, was present and in custody. Assistant United States Attorney Karen Kreuzkamp
Summary: [PROPOSED] ORDER AND STIPULATION TO CONTINUE AND EXCLUDE TIME FROM THE SPEEDY TRIAL ACT CALCULATION EDWARD M. CHEN , District Judge . STIPULATION IT IS HEREBY STIPULATED by the parties, through undersigned counsel, that: 1. The parties, defendant Vicente Cruz and the Government, appeared before the Court on August 16, 2017 at 2:30 p.m. for a status conference. Defendant Vicente Cruz, represented by Ruben Munoz, was present and in custody. Assistant United States Attorney Karen Kreuzkamp ..
More
[PROPOSED] ORDER AND STIPULATION TO CONTINUE AND EXCLUDE TIME FROM THE SPEEDY TRIAL ACT CALCULATION
EDWARD M. CHEN, District Judge.
STIPULATION
IT IS HEREBY STIPULATED by the parties, through undersigned counsel, that:
1. The parties, defendant Vicente Cruz and the Government, appeared before the Court on August 16, 2017 at 2:30 p.m. for a status conference. Defendant Vicente Cruz, represented by Ruben Munoz, was present and in custody. Assistant United States Attorney Karen Kreuzkamp appeared for the Government. The Court, after hearing the status in this case, scheduled a further status hearing for September 27, 2017, the date proposed by counsel.
2. The Court so scheduled the status hearing with the understanding that the parties would submit a Stipulation and Proposed Order excluding time.
3. The parties now formalize their request for a continuance of this matter to September 27, 2017 at 2:30 p.m. for a further status hearing, and respectfully submit and agree that the period from August 16, 2017 through and including September 27, 2017 should be excluded from the otherwise applicable Speedy Trial Act computation because the continuance is necessary for effective preparation of counsel, taking into account the exercise of due diligence. Specifically, the time requested for exclusion will allow counsel for the defendants to review the discovery in this case.
IT IS SO STIPULATED.
[PROPOSED] ORDER
Based upon the above-described Stipulation, THE COURT FINDS THAT the ends of justice served by granting a continuance from August 16, 2017 through and including September 27, 2017 outweigh the best interest of the public and the defendant, Vicente Cruz, in a speedy trial, and that failure to grant such a continuance would unreasonably deny the defendant, Vicente Cruz, the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
Accordingly, THE COURT ORDERS THAT:
1. The parties shall appear before the Court on Wednesday, September 27, 2017 at 2:30 p.m. for a status conference.
2. The period from August 16, 2017 through and including September 27, 2017 is excluded from the otherwise applicable Speedy Trial Act computation, pursuant to 18 U.S.C. § 3161(h)(7)(A) & (B)(iv).
IT IS SO ORDERED.
