STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM OTHERWISE APPLICABLE SPEEDY TRIAL ACT CALCULATION

RICHARD SEEBORG, District Judge.

STIPULATION

IT IS HEREBY STIPULATED by the parties, through undersigned counsel, that:

1. The parties appeared before the Court on September 27, 2016 at 2:30 p.m. for a status hearing. Mr. Lien was present and in custody and represented by Assistant Federal Defender Elizabeth Falk, who specially appeared for Assistant Federal Defender Gabriela Bischof. Assistant United States Attorney Michael Maffei appeared for the Government. The parties agreed to stipulate to a continuance of the matter, with time excluded for effective preparation of counsel, to allow defense counsel to conduct further investigation.

2. Accordingly, with the parties' agreement as to the new date, the Court scheduled a further status date for November 8, 2016 at 2:30 p.m., 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 November 8, 2016 at 2:30 p.m. for a further status hearing, and respectfully submit and agree that the period from September 27, 2016 through and including November 8, 2016 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 Mr. Lien's attorney to conduct further investigation 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 September 27, 2016 through and including November 8, 2016 outweigh the best interest of the public and the defendant in a speedy trial, and that failure to grant such a continuance would unreasonably deny the defendant 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 November 8, 2016 at 2:30 p.m. for a status hearing.

2. The period from September 27, 2016 through and including November 8, 2016 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.