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U.S. v. Neal, 18-CR-00457 WHA TSH. (2018)

Court: District Court, N.D. California Number: infdco20181113801 Visitors: 20
Filed: Nov. 05, 2018
Latest Update: Nov. 05, 2018
Summary: STIPULATION AND ORDER EXCLUDING SPEEDY TRIAL TIME FROM NOVEMBER 1, 2018, AND NOVEMBER 20, 2018 THOMAS S. HIXSON , Magistrate Judge . The parties, through their counsel of record, stipulate as follows: 1. The defendant, Roy Neal, represented by his attorney Jodi Linker, and the government, represented by Joseph Springsteen, appeared before the Court on November 1, 2018 for a detention hearing. The court temporarily remanded the defendant to be evaluated for placement in a residential drug t
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STIPULATION AND ORDER EXCLUDING SPEEDY TRIAL TIME FROM NOVEMBER 1, 2018, AND NOVEMBER 20, 2018

The parties, through their counsel of record, stipulate as follows:

1. The defendant, Roy Neal, represented by his attorney Jodi Linker, and the government, represented by Joseph Springsteen, appeared before the Court on November 1, 2018 for a detention hearing. The court temporarily remanded the defendant to be evaluated for placement in a residential drug treatment program. 2. The government provided partial discovery to the counsel for the defendant on October 22, 2018, and expects to provide additional discovery promptly. The parties jointly requested that the matter be set before the Honorable William Alsup on November 20, 2018, for an initial status conference. Counsel for the defense requires time to review the discovery with the defendant and for the effective preparation of counsel. 3. The parties agree that because the defense team requires time to review the discovery provided by the government, time should be excluded under the Speedy Trial Act between November 1, 2018, and November 20, 2018.

IT IS SO STIPULATED.

[PROPOSED] ORDER

Based upon the representation of counsel and for good cause shown, the Court finds that failing to exclude the time between November 1, 2018, and November 20, 2018, would deny 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 November 1, 2018, and November 20, 2018, 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 November 1, 2018, and November 20, 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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