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U.S. v. Rivera, CR 17-0336 WHA. (2017)

Court: District Court, N.D. California Number: infdco20171025d32 Visitors: 14
Filed: Oct. 24, 2017
Latest Update: Oct. 24, 2017
Summary: STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT WILLIAM ALSUP , District Judge . With the agreement of the parties, and with the consent of the defendants, Cristian Andres Rivera, Mario Alvarado, and Luis Alberto Romero Cortez (collectively, "the Defendants"), the Court enters this order confirming the exclusion of time under the Speedy Trial Act, 18 U.S.C. 3161(b), from October 24, 2017 to November 21, 2017. The parties agree, and the Court finds and holds, as
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STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT

With the agreement of the parties, and with the consent of the defendants, Cristian Andres Rivera, Mario Alvarado, and Luis Alberto Romero Cortez (collectively, "the Defendants"), the Court enters this order confirming the exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161(b), from October 24, 2017 to November 21, 2017. The parties agree, and the Court finds and holds, as follows:

1. The Defendants agree to an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161(h)(8)(B)(iv) to provide reasonable time necessary for effective preparation of defense counsel, taking into account the exercise of due diligence.

2. The Court finds that, taking into the account the public interest in the prompt disposition of criminal cases, these grounds are good cause for excluding time. Given these circumstances, the Court finds that the ends of justice served by excluding the period from October 24, 2017 through and including November 21, 2017, outweigh the best interest of the public and the Defendants in a speedy trial. 18 U.S.C. § 3161(h)(8)(A).

3. Accordingly, and with the consent of the Defendants, the Court: orders that the period from October 21, 2017 through and including November 21, 2017, be excluded from the Speedy Trial Act calculations under 18 U.S.C. § 3161(h)(8)(A).

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 October 24, 2017 through and including November 21, 2017 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 defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and would result in a miscarriage of justice. See 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).

Accordingly, THE COURT ORDERS THAT:

1. The parties shall appear before the Court on November 21, 2017 at 2:00 p.m.

2. The period from October 24, 2017 through and including November 21, 2017 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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