Filed: Jun. 25, 2019
Latest Update: Jun. 25, 2019
Summary: [PROPOSED] STIPULATED ORDER CONTINUING CHANGE OF PLEA HEARING JAMES DONATO , District Judge . The above-captioned case is currently scheduled for a change of plea hearing on June 26, 2019. The parties are working diligently toward resolving this matter. As a part of that process, the defendant has recently asked the government to provide some additional information, and the government is gathering responsive materials to produce. The parties therefore need additional time to review these ma
Summary: [PROPOSED] STIPULATED ORDER CONTINUING CHANGE OF PLEA HEARING JAMES DONATO , District Judge . The above-captioned case is currently scheduled for a change of plea hearing on June 26, 2019. The parties are working diligently toward resolving this matter. As a part of that process, the defendant has recently asked the government to provide some additional information, and the government is gathering responsive materials to produce. The parties therefore need additional time to review these mat..
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[PROPOSED] STIPULATED ORDER CONTINUING CHANGE OF PLEA HEARING
JAMES DONATO, District Judge.
The above-captioned case is currently scheduled for a change of plea hearing on June 26, 2019. The parties are working diligently toward resolving this matter. As a part of that process, the defendant has recently asked the government to provide some additional information, and the government is gathering responsive materials to produce. The parties therefore need additional time to review these materials and finalize their discussions, and the government will need time to obtain the necessary approvals for any proposed disposition.
The parties now respectfully ask the Court to continue the change of plea conference currently set for June 24, 2019 to July 31, 2019. The Court's Courtroom Deputy has advised the parties that July 31 is an available date on the Court's calendar.
Further, the parties stipulate and jointly request that time be excluded from the Speedy Trial Act calculations from June 26, 2019 through July 31, 2019 for effective preparation of counsel. The parties agree that the ends of justice served by granting such a continuance outweighed the best interests of the public and the defendants in a speedy trial. See 18 U.S.C. § 3161(h)(7)(A).
Pursuant to 18 U.S.C. § 3161, and Crim. Loc. Rule 47 2(c), there are seventy (70) days remaining before the trial in this case must commence.
IT IS SO STIPULATED.
DATED 6-24-2019 United States Attorney
Northern District of Californi
/s/
MATTHEW L. McCARTHY
Assistant United States Attorney
/s/
DATED 6-24-2019 JOYCE LEAVITT
Attorney for Defendant Tuc Truong
[PROPOSED] ORDER
For good cause shown, this matter shall be added to the Court's calendar on July 31, 2019 at ______________ for a change of plea hearing.
In addition, for the reasons stated above, the Court finds that an exclusion of time from June 24, 2019 through July 31, 2019 is warranted and that the ends of justice served by the continuance outweigh the best interests of the public and the defendant in a speedy trial. See 18 U.S.C. § 3161 (h)(7)(A). The failure to grant the requested continuance would deny defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and would result in a miscarriage of justice. See 18 U.S.C. § 3161(h)(7)(B)(iv).
Pursuant to 18 U.S.C. § 3161, and Crim. Loc. Rule 47-2(c), there are seventy (70) days remaining before the trial in this case must commence.
IT IS SO ORDERED.
