Case 3:08-mj-70358-MRGD
Document 5
Filed 06/23/2008
Page 1 of 2
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
JOSEPH P. RUSSONIELLO (CABN 44332) United States Attorney BRIAN J. STRETCH (CABN 163973) Chief, Criminal Division TAREK J. HELOU (CABN 218225) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7071 Facsimile: (415) 436-7234 [email protected] Attorneys for Plaintiff
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
) ) ) Plaintiff, ) ) v. ) LUIGI FULVIO PALMARES AGUILAR, ) ) ) ) Defendant. ) UNITED STATES OF AMERICA,
CR No. 08-70358 BZ STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME UNDER FED. R. CRIM. P. 5.1
On June 19, 2008, the parties in this case appeared before the Court for a detention hearing. At that time, the parties requested, and the Court agreed, to set a status conference on June 27. The parties stipulated that pursuant to Federal Rule of Criminal Procedure ("FRCP") 5.1(d), the time limits set forth in FRCP 5.1(c) be excluded from June 19, 2008 through June 27, 2008. The // //
Stipulation and [Proposed] Order Excluding Time CR 08-70358 BZ
1
Case 3:08-mj-70358-MRGD
Document 5
Filed 06/23/2008
Page 2 of 2
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
parties agreed that, taking into account the public interest in prompt disposition of criminal cases, good cause existed for this extension. SO STIPULATED: JOSEPH P. RUSSONIELLO United States Attorney
DATED: June 23, 2008
/s/ TAREK J. HELOU Assistant United States Attorney
DATED: June 23, 2008
/s/ GEOFFREY HANSEN Attorney for Defendant Margaret Pek Hoon Lim
For the reasons stated above, the Court finds that exclusion of time from June 19, 2008 through June 27, 2008 is warranted and that the ends of justice served by the continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. §3161 (h)(8)(A); FRCP 5.1(d). The failure to grant the requested continuance would deny the defendant effective preparation of counsel, and would result in a miscarriage of justice. 18 U.S.C. §3161(h)(8)(B)(iv).
SO ORDERED.
DATED: June 23, 2008 THE HONORABLE NANDOR J. VADAS United States Magistrate Judge
Stipulation and [Proposed] Order Excluding Time CR 08-70358 BZ
2