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USA v. Shirley, CR 17-00583 RS. (2018)

Court: District Court, N.D. California Number: infdco20180111a52 Visitors: 9
Filed: Jan. 10, 2018
Latest Update: Jan. 10, 2018
Summary: [PROPOSED] ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT RICHARD SEEBORG , District Judge . The defendant, Daniel Shirey, represented by Ellen Leonida, and the government, represented by Karen Kreuzkamp, Assistant United States Attorney, appeared before the Court on January 9, 2018 for a first appearance before the Court. The parties represented that the government had provided discovery and the defense was awaiting documents it had sought from the East Coast. Defense counsel requested a
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[PROPOSED] ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT

The defendant, Daniel Shirey, represented by Ellen Leonida, and the government, represented by Karen Kreuzkamp, Assistant United States Attorney, appeared before the Court on January 9, 2018 for a first appearance before the Court. The parties represented that the government had provided discovery and the defense was awaiting documents it had sought from the East Coast. Defense counsel requested a continuance of the matter.

The matter was continued to February 27, 2018 at 2:30 p.m. for further status. Counsel for the defendant requested that time be excluded under the Speedy Trial Act between January 9, 2018 and February 27, 2018 for effective preparation of counsel. The government stated it had 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 January 9, 2018 and February 27, 2018 would unreasonably deny the defendant continuity of counsel and would deny counsel the reasonable time necessary for effective preparation, 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 January 9, 2018 and February 27, 2018 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 January 9, 2018 and February 27, 2018 shall be excluded from computation under the Speedy Trial Act. 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).

Source:  Leagle

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