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U.S. v. LEWIS, CR 13-00315 YGR. (2013)

Court: District Court, N.D. California Number: infdco20130611773 Visitors: 16
Filed: Jun. 10, 2013
Latest Update: Jun. 10, 2013
Summary: STIPULATION AND ORDER TO SET STATUS CONFERENCE ON JULY 11, 2013 YVONNE GONZALEZ ROGERS, District Judge. The defendant, SAMANTHA LEWIS, represented by Mark Rosenbush, Esquire, and the government, represented by RODNEY VILLAZOR, Assistant United States Attorney, appeared before U.S. Magistrate Judge Kandis A. Westmore on May 23, 2013 for an arraignment. The parties represented that discovery had been produced to the government, and the matter was continued to June 20, 2013 at 2:00 p.m. before th
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STIPULATION AND ORDER TO SET STATUS CONFERENCE ON JULY 11, 2013

YVONNE GONZALEZ ROGERS, District Judge.

The defendant, SAMANTHA LEWIS, represented by Mark Rosenbush, Esquire, and the government, represented by RODNEY VILLAZOR, Assistant United States Attorney, appeared before U.S. Magistrate Judge Kandis A. Westmore on May 23, 2013 for an arraignment. The parties represented that discovery had been produced to the government, and the matter was continued to June 20, 2013 at 2:00 p.m. before the Court for a status conference.

The parties hereby request that the status conference be continued to July 11, 2013. Since the scheduling of the status conference, counsel for the defendant has become unavailable due to a recent purchase of a new residence and the upcoming move. Accordingly, the parties request the status conference be moved to July 11, 2013, the first available date for defense counsel. Additionally, defense counsel requests that time be excluded under the Speedy Trial Act between June 20, 2013 and July 11, 2013 for continuity of counsel. The government states it has no objection to excluding time.

Based upon the representation of counsel and for good cause shown, the Court finds that failing to exclude the time between June 20, 2013 and July 11, 2013 would unreasonably deny the defendant continuity of counsel, 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 June 20, 2013 and July 11, 2013 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 June 20, 2013 and July 11, 2013 shall be excluded from computation under the Speedy Trial Act. 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).

ORDER

Based on the reason provided in the stipulation of the parties above, the Court hereby FINDS that for continuity of counsel, and in the interest of justice, pursuant to 18 U.S.C. sections 3161(h)(7)(A) and (B)(iv), an exclusion of time is warranted under the Speedy Trial Act. Based on these findings, IT IS HEREBY ORDERED THAT time is excluded until July 11, 2013.

IT IS SO ORDERED.

Source:  Leagle

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