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U.S. v. Villarreal, CR 19-00137 EMC. (2019)

Court: District Court, N.D. California Number: infdco20190503d35 Visitors: 53
Filed: May 02, 2019
Latest Update: May 02, 2019
Summary: [PROPOSED] ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT FROM MAY 1, 2019, THROUGH MAY 8, 2019 EDWARD M. CHEN , District Judge . The parties appeared before the Court on May 1, 2019, for a status conference. The defendant was present and represented by Assistant Federal Public Defender Daniel Blank, who appeared for the defendant's attorney of record, Assistant Federal Public Defender Gabriela Bischof. Assistant United States Attorney Sloan Heffron appeared for the government. Mr. Hef
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[PROPOSED] ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT FROM MAY 1, 2019, THROUGH MAY 8, 2019

The parties appeared before the Court on May 1, 2019, for a status conference. The defendant was present and represented by Assistant Federal Public Defender Daniel Blank, who appeared for the defendant's attorney of record, Assistant Federal Public Defender Gabriela Bischof. Assistant United States Attorney Sloan Heffron appeared for the government.

Mr. Heffron stated that discovery has been provided to the defense, and that he understood that Ms. Bischof would like this case to be put over one week for further status conference and possibly a change of plea. Mr. Blank stated that his understanding was as Mr. Heffron described. The parties agreed to return before the Court on May 8, 2019, at 2:30 p.m. for a status conference/change of plea, and further agreed that time should be excluded under the Speedy Trial Act from May 1, 2019, through May 8, 2019, to ensure continuity of counsel and the effective preparation of counsel.

Based on the assertions and agreement of the parties on May 1, 2019, as described herein, and for good cause shown, the Court finds that failing to exclude time from May 1, 2019, through May 8, 2019, would unreasonably deny the defendant continuity of counsel and would deny defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(7)(B)(iv). The Court further finds that the ends of justice served by excluding the time between May 1, 2019, and May 8, 2019, from computation under the Speedy Trial Act outweigh the best interests of the public and the defendant in a speedy trial.

Accordingly, IT IS HEREBY ORDERED that the time from May 1, 2019, through May 8, 2019, shall be excluded from computation under the Speedy Trial Act. 18 U.S.C. § 3161(h)(7)(A), (B)(iv).

IT IS SO ORDERED.

Source:  Leagle

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