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U.S. v. SOLANO, 12-0802 RS. (2013)

Court: District Court, N.D. California Number: infdco20130222b22 Visitors: 15
Filed: Feb. 21, 2013
Latest Update: Feb. 21, 2013
Summary: STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME UNDER 18 U.S.C. 3161 RICHARD SEEBORG, District Judge. On January 29, 2013, the parties in this case appeared before the Court. At that time, the Court set the matter to February 26, 2013 to allow newly appointed counsel to review discovery. The parties have agreed to exclude the period of time between January 15, 2013 and February 26, 2013 from any time limits applicable under 18 U.S.C. 3161 to account for prior stipulations made on the recor
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STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME UNDER 18 U.S.C. § 3161

RICHARD SEEBORG, District Judge.

On January 29, 2013, the parties in this case appeared before the Court. At that time, the Court set the matter to February 26, 2013 to allow newly appointed counsel to review discovery. The parties have agreed to exclude the period of time between January 15, 2013 and February 26, 2013 from any time limits applicable under 18 U.S.C. § 3161 to account for prior stipulations made on the record but not memorialized due to the change in counsel. The parties represented that granting the exclusion would allow the reasonable time necessary for effective preparation of new counsel and for the continuity of counsel. See 18 U.S.C. § 3161(h)(7)(B)(iv). The parties also agree that the ends of justice served by granting such an exclusion of time outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). At the hearing, the Court made findings consistent with this agreement. SO STIPULATED:

[PROPOSED] ORDER

For the reasons stated above and at the January 29, 2013 hearing, the Court finds that the exclusion from the time limits applicable under 18 U.S.C. § 3161 of the period from January 15, 2013 and February 26, 2013 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. 18 U.S.C. §3161(h)(7)(A). Denying the requested exclusion of time would deprive the parties of the reasonable time necessary for effective preparation, taking into account the exercise of due diligence and for the continuity of counsel. 18 U.S.C. §3161(h)(7)(B)(iv).

IT IS SO ORDERED.

Source:  Leagle

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