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United States v. Pearsall, CR 19-0342 EMC. (2019)

Court: District Court, N.D. California Number: infdco20191021755 Visitors: 12
Filed: Oct. 18, 2019
Latest Update: Oct. 18, 2019
Summary: [PROPOSED] ORDER EXCLUDING TIME FROM THE SPEEDY TRIAL ACT CALCULATION EDWARD M. CHEN , District Judge . Defendant Benjamin Smith Pearsall, represented by his attorney, Ellen Leonida, and the Government, represented by Alexis Loeb, appeared before the Court on October 16, 2019 for a status hearing. The Court set a change-of-plea hearing for November 13, 2019. For the reasons stated on the record, the parties and the Court agreed that it would be appropriate for time be excluded under the Sp
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[PROPOSED] ORDER EXCLUDING TIME FROM THE SPEEDY TRIAL ACT CALCULATION

Defendant Benjamin Smith Pearsall, represented by his attorney, Ellen Leonida, and the Government, represented by Alexis Loeb, appeared before the Court on October 16, 2019 for a status hearing. The Court set a change-of-plea hearing for November 13, 2019. For the reasons stated on the record, the parties and the Court agreed that it would be appropriate for time be excluded under the Speedy Trial Act between October 16, 2019 and November 13, 2019, for effective preparation by counsel.

Therefore, the Court finds and holds that the time between October 16, 2019, and November 13, 2019, is excluded under the Speedy Trial Act. Failure to grant the requested continuance 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 ends of justice served by granting the requested continuance outweigh the best interests of the public and the defendant in a speedy trial and in the prompt disposition of criminal cases. See id. § 3161(h)(7)(A).

IT IS SO ORDERED.

Source:  Leagle

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