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U.S. v. Scott, CR 15-514 CRB. (2016)

Court: District Court, N.D. California Number: infdco20161209800 Visitors: 11
Filed: Dec. 08, 2016
Latest Update: Dec. 08, 2016
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING AND FOR EXCLUSION OF TIME UNDER THE SPEEDY TRIAL ACT (18 U.S.C. 3161) CHARLES R. BREYER , District Judge . This matter is set for a status conference on December 14, 2016. Counsel for defendant Jessica Scott and the government request that this status conference be continued to March 7, 2017 at 2:00 p.m. The reason for the continuance is due to the Court's unavailability on December 14, 2016. Counsel are not available on the two
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING AND FOR EXCLUSION OF TIME UNDER THE SPEEDY TRIAL ACT (18 U.S.C. § 3161)

This matter is set for a status conference on December 14, 2016. Counsel for defendant Jessica Scott and the government request that this status conference be continued to March 7, 2017 at 2:00 p.m.

The reason for the continuance is due to the Court's unavailability on December 14, 2016. Counsel are not available on the two January, 2017 dates presently available on the court's calendar. Accordingly, the earliest date available to the Court and counsel is March 7, 2017.

Defense and government counsel continue to discuss possible resolution of their respective cases. The parties therefore request additional time to prepare their cases and agree that time should appropriately be excluded for effective preparation of counsel from December 14, 2016 through March 7, 2017 for the above-stated reasons.

In addition, the defendants agree to exclude for these periods of time any time limits applicable under 18 U.S.C. § 3161. The parties represent that granting the continuance is necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). The parties also agree that the ends of justice served by granting such a continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

SO STIPULATED:

BRIAN STRETCH United States Attorney /s/ LAURA VARTAIN HORN Assistant United States Attorney /s/ JULIA JAYNE Attorney for JESSICA SCOTT

Based upon the stipulation of the parties to continue the status conference currently set for December 15, 2016 is continued to March 7, 2017 at 2:00 p.m.

IT IS HEREBY ORDERED that the hearing be continued to March 7, 2017 at 2:00 p.m.

Based upon the representation of counsel and for good cause shown, the Court further finds that failing to exclude the time between December 14, 2016 and March 7, 2017 would unreasonably deny the defendant and counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 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 14, 2016 and March 7, 2017 from computation under the Speedy Trial Act outweigh the best interests of the public and the defendant in a speedy trial.

Therefore, IT IS HEREBY ORDERED that the time between December 14, 2016 and March 7, 2017 shall be excluded from computation under the Speedy Trial Act. 18 U.S.C § § 3161(h)(7)(A), 3161(h)(7)(B)(iv).

Source:  Leagle

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