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U.S. v. Patacsil, CR 17-0083 MMC. (2017)

Court: District Court, N.D. California Number: infdco20170410c26 Visitors: 14
Filed: Apr. 07, 2017
Latest Update: Apr. 07, 2017
Summary: STIPULATION TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME AND [PROPOSED] ORDER MAXINE M. CHESNEY , District Judge . On March 8, 2017, counsel in this matter appeared before this Court for a status conference. The Court set a further status conference for April 12, 2017. Since that time, the government has made initial productions of discovery and defense counsel has conducted an initial review of evidence that remains in FBI custody. Due to technical issues connected to that evidence rev
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STIPULATION TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME AND [PROPOSED] ORDER

On March 8, 2017, counsel in this matter appeared before this Court for a status conference. The Court set a further status conference for April 12, 2017. Since that time, the government has made initial productions of discovery and defense counsel has conducted an initial review of evidence that remains in FBI custody. Due to technical issues connected to that evidence review, defense counsel anticipates that further opportunities to review the evidence will be necessary, and the government is working to accommodate those needs promptly. In light of these complications, the parties stipulate and request that the further status conference that is currently set for April 12, 2017, be continued to May 10, 2017. The parties anticipate that by May 10, 2017, the parties will be in a better position to discuss a trial schedule or reach a resolution. The parties further submit this stipulation confirming their agreement that time should be excluded under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B) between April 12, 2017 and May 10, 2017. Exclusion of time until May 10, 2017, will allow the defense to conduct further analysis of the evidence and is necessary for the effective preparation of counsel. See 18 U.S.C. § 3161(h)(7)(B)(iv).

IT IS SO STIPULATED.

[PROPOSED] ORDER

Pursuant to the parties' stipulation, the Court orders that the status conference currently set for April 12, 2017 be continued to May 10, 2017. The Court also finds that the exclusion of the period from April 12, 2017 to May 10, 2017 from the time limits applicable under 18 U.S.C. § 3161 is warranted; that the ends of justice served by the continuance outweigh the interests of the public and the defendant in the prompt disposition of this criminal case; and that the failure to grant the requested exclusion of time would deny counsel for the defendant and for the government the reasonable time necessary for effective preparation and of counsel, taking into account the exercise of due diligence, and would result in a miscarriage of justice. See 18 U.S.C. § 3161(h)(7)(B)(iv).

IT IS SO ORDERED.

Source:  Leagle

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