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U.S. v. HARRAH, CR 12-0639 MMC. (2014)

Court: District Court, N.D. California Number: infdco20140505a16 Visitors: 12
Filed: May 02, 2014
Latest Update: May 02, 2014
Summary: STIPULATED MOTION TO CONTINUE STATUS HEARING AND FOR FINDING OF EXCLUDABLE TIME; [PROPOSED] ORDER MAXINE M. CHESNEY, Senior District Judge. The parties in the above-captioned case last appeared before the Court on April 9, 2014 for status. The parties advised the Court that they were engaged in discussions relating to a plea agreement, but needed additional time within which to investigate some factual matters that would be relevant to sentencing. The parties requested a continuance of the m
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STIPULATED MOTION TO CONTINUE STATUS HEARING AND FOR FINDING OF EXCLUDABLE TIME; [PROPOSED] ORDER

MAXINE M. CHESNEY, Senior District Judge.

The parties in the above-captioned case last appeared before the Court on April 9, 2014 for status. The parties advised the Court that they were engaged in discussions relating to a plea agreement, but needed additional time within which to investigate some factual matters that would be relevant to sentencing. The parties requested a continuance of the matter to May 7, 2014 at 2:15 p.m. in order to provide adequate time to obtain and review the additional information. The Court granted the parties' motion and continued the case to May 7, 2014 at 2:15 p.m. for change of plea or setting of a trial date. The parties also requested a finding of excludable time under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) in order to provide counsel for the defendant reasonable time for effective preparation, taking into account the exercise of due diligence. The Court granted the parties' request and made a finding that the time between April 9, 2014 and May 7, 2014 was excluded from the time requirements of the Speedy Trial Act.

By this motion, the parties are seeking an additional two-week continuance of the change of pleatrial setting hearing to May 21, 2014 at 2:15 p.m. The government has recently obtained the information that was in progress the last time the parties appeared before the Court, but the reports relating to that information have not yet been prepared and have not been provided to the defendant. In addition, the parties are continuing to negotiate the terms of a possible plea agreement.

In order to provide adequate time for defense counsel's effective preparation, taking into account due diligence, the parties jointly request that the change of plea/trial setting hearing be continued to May 21, 2014 at 2:15 p.m. and the Court make a finding that the time from May 7, 2014 to May 21, 2014 is excluded from the time requirements of the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).

SO STIPULATED.

[PROPOSED] ORDER

Upon the stipulated motion of the parties and for good cause appearing, IT IS HEREBY ORDERED THAT the change of plea/trial setting hearing in the above-captioned case is continued from May 7, 2014 at 2:15 p.m. to May 21, 2014 at 2:15 p.m. IT IS FURTHER ORDERED that the time from May 7, 2014 to May 21, 2014 is excluded from the time requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).

IT IS SO ORDERED.

Source:  Leagle

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