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U.S. v. Ochoa, CR 14-00525 RS. (2014)

Court: District Court, N.D. California Number: infdco20141203877 Visitors: 8
Filed: Dec. 02, 2014
Latest Update: Dec. 02, 2014
Summary: STIPULATION TO CONTINUE STATUS HEARING AND TO EXCLUDE TIME UNDER SPEEDY TRIAL ACT; [PROPOSED] ORDER RICHARD SEEBORG, District Judge. STIPULATION The United States of America, by and through Special Assistant United States Attorney Philip Kopczynski, and Defendant Jose Eri Ochoa, by and through Assistant Federal Public Defender Geoffrey Hansen, hereby stipulate that, with the Court's approval, the status hearing currently scheduled for December 9, 2014 at 2:30 p.m. should be continued to De
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STIPULATION TO CONTINUE STATUS HEARING AND TO EXCLUDE TIME UNDER SPEEDY TRIAL ACT; [PROPOSED] ORDER

RICHARD SEEBORG, District Judge.

STIPULATION

The United States of America, by and through Special Assistant United States Attorney Philip Kopczynski, and Defendant Jose Eri Ochoa, by and through Assistant Federal Public Defender Geoffrey Hansen, hereby stipulate that, with the Court's approval, the status hearing currently scheduled for December 9, 2014 at 2:30 p.m. should be continued to December 16, 2014 at 2:30 p.m., and the time between December 9, 2014 and December 16, 2014 is excludable under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), for continuity of counsel. The reason for this requested continuance is that government counsel will be traveling outside the district for work reasons on December 9, 2014.

IT IS SO STIPULATED.

Dated: December 2, 2014 /s/ _________________________________ GEOFFREY HANSEN Assistant Federal Public Defender

[PROPOSED] ORDER

GOOD CAUSE APPEARING, upon stipulation of the parties,

THE COURT FINDS that government counsel is unavailable to appear at the status hearing set for December 9, 2014 at 2:30 p.m.

THE COURT FURTHER FINDS that failing to exclude the time between December 9, 2014 and December 16, 2014 would unreasonably deny the government continuity of counsel. See 18 U.S.C. § 3161(h)(7)(B)(iv).

THE COURT FURTHER FINDS that the ends of justice served by excluding the time between December 9, 2014 and December 16, 2014 from computation under the Speedy Trial Act outweigh the interests of the public and the defendant in a speedy trial.

THEREFORE, IT IS HEREBY ORDERED that the status hearing set for December 9, 2014 at 2:30 p.m. shall be continued to December 16, 2014 at 2:30 p.m.

IT IS FURTHER ORDERED that the time between December 9, 2014 and December 16, 2014 shall be excluded from computation under the Speedy Trial Act.

IT IS SO ORDERED.

Source:  Leagle

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