Filed: Sep. 25, 2014
Latest Update: Sep. 25, 2014
Summary: STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS HEARING DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT JAMES DONATO, District Judge. The undersigned parties respectfully request that the status appearance scheduled for September 26, 2014 be continued to October 24, 2014. The reason for the continuance is that the government recently provided defense counsel with additional discovery, including a copy of a search warrant affidavit and an inventory list of items seized from the defendan
Summary: STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS HEARING DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT JAMES DONATO, District Judge. The undersigned parties respectfully request that the status appearance scheduled for September 26, 2014 be continued to October 24, 2014. The reason for the continuance is that the government recently provided defense counsel with additional discovery, including a copy of a search warrant affidavit and an inventory list of items seized from the defendant..
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STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS HEARING DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT
JAMES DONATO, District Judge.
The undersigned parties respectfully request that the status appearance scheduled for September 26, 2014 be continued to October 24, 2014. The reason for the continuance is that the government recently provided defense counsel with additional discovery, including a copy of a search warrant affidavit and an inventory list of items seized from the defendant's business. This case involves alleged trafficking in counterfeit goods, and the parties need additional time to research the loss amounts and discuss them. Furthermore, the parties agree and stipulate that an exclusion of time under the Speedy Trial Act from September 26, 2014 to October 24, 2014 is appropriate based on the defendant=s need for effective preparation of counsel. 18 U.S.C. § 3161(h)(7)(B)(iv).
ORDER
Accordingly, for good cause shown, the Court HEREBY ORDERS that the status hearing scheduled for September 24, 2014 at 1:30 p.m. be continued to October 17, 2014 at 1:30 p.m. in Courtroom 11 of the San Francisco Courthouse.
The Court FURTHER ORDERS that time be excluded under the Speedy Trial Act from September 26, 2014 through October 17, 2014. The Court finds, based on the aforementioned reasons, that the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendant in a speedy trial. The failure to grant the requested continuance would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and would result in a miscarriage of justice, because the government recently provided defense counsel with additional discovery, including a copy of a search warrant affidavit and an inventory list of items seized from the defendant's business. This case involves alleged trafficking in counterfeit goods, and the parties need additional time to research the loss amounts and discuss them. The Court therefore concludes that this exclusion of time should be made under 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv).
SO ORDERED.
