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U.S. v. DIXON, CR 15 0043 WHA. (2015)

Court: District Court, N.D. California Number: infdco20150310b08 Visitors: 24
Filed: Mar. 09, 2015
Latest Update: Mar. 09, 2015
Summary: STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM OTHERWISE APPLICATION SPEEDY TRIAL ACT CALCULATION WILLIAM H. ALSUP , District Judge . STIPULATION IT IS HEREBY STIPULATED by the parties, through undersigned counsel, that: 1. The parties appeared before the Court on February 24, 2015 at 2:00 p.m. for a status. Ms. Dixon was present and represented by Assistant Federal Defender Daniel Blank. Assistant United States Attorney Sarah Hawkins appeared for the Government. The parties a
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STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM OTHERWISE APPLICATION SPEEDY TRIAL ACT CALCULATION

STIPULATION

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

1. The parties appeared before the Court on February 24, 2015 at 2:00 p.m. for a status. Ms. Dixon was present and represented by Assistant Federal Defender Daniel Blank. Assistant United States Attorney Sarah Hawkins appeared for the Government. The parties agreed to stipulate to a continuance of the matter for six weeks. The court agreed to exclude time for four of those six weeks for effective preparation of counsel.

2. Accordingly, with the parties' agreement as to the new date, the Court scheduled a status hearing for April 7, 2015 at 2:00 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 April 7, 2015 at 2:00 p.m. for a status conference, and respectfully submit and agree that the period from February 24, 2015 through and including March 24, 2015 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 defense counsel to review the discovery provided by the Government and conduct necessary investigation.

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 February 24, 2015 through and including March 24, 2015 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 April 7, 2015 at 2:00 p.m. for further status conference.

2. The period from February 24, 2015 through and including March 24, 2015 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.

Source:  Leagle

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