Elawyers Elawyers
Washington| Change

U.S. v. Faafiu, CR 17-00231-WHA. (2017)

Court: District Court, N.D. California Number: infdco20170815g09 Visitors: 14
Filed: Aug. 10, 2017
Latest Update: Aug. 10, 2017
Summary: STIPULATION AND ORDER TO CONTINUE WILLIAM ALSUP , District Judge . IT IS HEREBY STIPULATED, by and between the parties to this action, the United States of America and defendant, Lipine Faafiu, that the status conference in the above-captioned matter, presently scheduled for August 15, 2017 at 2:00 a.m., be continued to September 12, 2017. The reasons for this request are as follow: First, government counsel will be out of the district and unavailable on August 15, 2017. The parties are als
More

STIPULATION AND ORDER TO CONTINUE

IT IS HEREBY STIPULATED, by and between the parties to this action, the United States of America and defendant, Lipine Faafiu, that the status conference in the above-captioned matter, presently scheduled for August 15, 2017 at 2:00 a.m., be continued to September 12, 2017. The reasons for this request are as follow: First, government counsel will be out of the district and unavailable on August 15, 2017. The parties are also continuing to work on a resolution of this matter, and believe that an additional continuance will assist in that. Finally, the defense is continuing to review the discovery that the government provided since the last appearance. Accordingly, the parties jointly request that the matter be continued to September 12, 2017 at 2:00 p.m.

The parties also move for an exclusion of time pursuant to the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv) for continuity of counsel and so that defense counsel may have time to further investigate this matter, and confer with the defendant, taking into account the exercise of due diligence. The parties hereby stipulate that there is good cause—taking into account the public interest in the prompt disposition of this case—to exclude the time from August 15, 2017 to September 12, 2017 from computation under the Speedy Trial Act, and that failing to exclude that time would unreasonably deny the defendant and his counsel the reasonable time necessary for effective preparation of counsel taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(A) and (B)(iv). The parties further agree that the ends of justice would be served by excluding the time from August 15, 2017 to September 12, 2017 from computation under the Speedy Trial Act and that the need for the exclusion outweighs the best interests of the public and the defendant in a speedy trial.

IT IS SO STIPULATED.

ORDER

Good cause having been shown, the Court HEREBY ORDERS that the period from August 15, 2017 to September 12, 2017 is excluded from the Speedy Trial Act calculations. The Court finds that the ends of justice served by excluding that period from Speedy Trial Act calculations outweighs the interests of the public and the defendant in a speedy trial by allowing for the defense to prepare effectively, and for continuity of defense counsel, in accordance with 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer