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U.S. v. Perez, 14-MJ-00121-DAD (2014)

Court: District Court, E.D. California Number: infdco20140620a56 Visitors: 14
Filed: Jun. 18, 2014
Latest Update: Jun. 18, 2014
Summary: STIPULATION AND ORDER TO EXTEND TIME FOR PRELIMINARY HEARING AND EXCLUDE TIME KENDALL J. NEWMAN, Magistrate Judge. Plaintiff, United States of America, by and through Assistant United States Attorney, MICHELLE RODRIGUEZ and Defendant ELISE PEREZ, individually and by her counsel of record, KYLE R. KNAPP hereby stipulate to continue the Preliminary Hearing currently set for June 24, 2014, to July 10, 2014, at 2:00 p.m. The parties agree that the time beginning from the date of this stipulation
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STIPULATION AND ORDER TO EXTEND TIME FOR PRELIMINARY HEARING AND EXCLUDE TIME

KENDALL J. NEWMAN, Magistrate Judge.

Plaintiff, United States of America, by and through Assistant United States Attorney, MICHELLE RODRIGUEZ and Defendant ELISE PEREZ, individually and by her counsel of record, KYLE R. KNAPP hereby stipulate to continue the Preliminary Hearing currently set for June 24, 2014, to July 10, 2014, at 2:00 p.m.

The parties agree that the time beginning from the date of this stipulation extending through July 10, 2014, should be excluded from the calculation of time under the Speedy Trial Act. Further, the defendant consents to an extension of the time for a Preliminary Hearing until July 10, 2014, Fed. R. Crim. P. 5.1(d). The parties submit that the ends of justice are served by the Court excluding such time, so that they may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv).

In particular, the time is required so that the parties can continue to conduct investigation and discuss a proposed disposition. The defendants consents to this continuance. The parties stipulate that this interest of justice outweighs the interest of the public and the defendant in a speedy trial, 18 U.S.C. §§ 3161(b) and (h)(7)(A), and further that this good cause outweighs the public's interest in the prompt disposition of criminal cases. Fed. R. Crim. P. 5.1(d).

Dated: June 17, 2014 BENJAMIN B. WAGNER United States Attorney /s/ Kyle R. Knapp for MICHELLE RODRIGUEZ Assistant United States Attorney

ORDER EXTENDING TIME FOR PRELIMINARY HEARING AND EXCLUDING TIME BY STIPULATION OF THE PARTIES

ORDER

The Court has read and considered the Stipulation for Extension of Time for Preliminary Hearing pursuant to Rule 5.1(d) and Exclusion of Time, filed by the parties in this matter on June 17, 2014. The Court hereby finds that the Stipulation, which this Court incorporates by reference into this Order, demonstrates good cause for an extension of time for the Preliminary Hearing date, pursuant to Rule 5.1(d) of the Federal Rules of Criminal Procedure. Furthermore, for the reasons set forth in the parties' stipulation, the Court finds that the interests of justice served by granting this continuance outweigh the best interests of the public and defendant in a speedy trial. 18 U.S.C.§3161(h)(7)(A). The Court further finds that the extension of time would not adversely affect the public's interest in the prompt disposition of criminal cases.

THEREFORE, FOR GOOD CAUSE SHOWN:

1. The date of the Preliminary Hearing is extended to

July 10, 2014, at 2:00 p.m.

2. This time between June 17, 2014, and July 10, 2014, shall be excluded from calculation pursuant to 18 U.S.C. § 3161(h)(7)(A) and Federal Rule of Criminal Procedure 5.1(d).

3. The defendant shall appear at the date and time before the Magistrate Judge on duty.

IT IS SO ORDERED.

Source:  Leagle

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