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U.S. v. Mendoza, CR 17-00620 HSG. (2018)

Court: District Court, N.D. California Number: infdco20180319581 Visitors: 6
Filed: Mar. 16, 2018
Latest Update: Mar. 16, 2018
Summary: STIPULATION AND ORDER EXCLUDING TIME FROM MARCH 12, 2018 THROUGH MAY 14, 2018 HAYWOOD S. GILLIAM, JR. , District Judge . Plaintiff United States of America and defendant Rafael Mendoza, by and through their respective counsel of record herein, hereby stipulate as follows: 1. On March 12, 2018, the parties appeared before the Court for status. The next status conference in this case is scheduled for May 14, 2018. 2. The parties jointly stipulated to exclude the time between March 12, 2018
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STIPULATION AND ORDER EXCLUDING TIME FROM MARCH 12, 2018 THROUGH MAY 14, 2018

Plaintiff United States of America and defendant Rafael Mendoza, by and through their respective counsel of record herein, hereby stipulate as follows:

1. On March 12, 2018, the parties appeared before the Court for status. The next status conference in this case is scheduled for May 14, 2018.

2. The parties jointly stipulated to exclude the time between March 12, 2018 and May 14, 2018, from the time in which the defendant must be brought to trial pursuant to the Speedy Trial Act, 18 U.S.C. § 3131 et al. The defendant and his counsel continue to review the discovery produced by the government. Therefore, the parties agree that the time period of March 12, 2018 and May 14, 2018, inclusive, should be excluded pursuant to 18 U.S.C. § 3161(h)(7)(A), (h)(7)(B)(i) and (h)(7)(B)(iv) on the basis that the ends of justice served by the continuance outweigh the best interests of the public and defendant in a speedy trial, and failing to exclude time between March 12, 2018 and May 14, 2018, would deny counsel for defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

IT IS SO STIPULATED.

ORDER

Based upon the representations of counsel and foor good cause shown, the Court finds that failing to exclude the time between March 12, 2018 and May 14, 2018, would unreasonably deny counsel for defendant 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 finnds that the ends of justice served by excluding the time between March 12, 2018 and May 14, 2018, from computation under the Speedy Trial Act outweigh the best interests of the public and thee defendants in a speedy trial. Therefore, IT IS HEREBY ORDERED that the time between March 12, 2018 and May 14, 2018, shall be excluded from computation under the Speedy Trial Act. 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).

Source:  Leagle

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