Free Order - District Court of California - California

Case 3:08-cr-00392-PJH

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Filed 08/05/2008

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JOSEPH P. RUSSONIELLO (CNB 44332) United States Attorney BRIAN J. STRETCH(CABN 163973) Chief, Criminal Division OWEN P. MARTIKAN (CSBN 177104) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-7241 FAX: (415) 436- 7234 [email protected] Attorneys for Plaintiff

9 10 IN THE UNITED STATES DISTRICT COURT 11 FOR THE NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On July 30, 2008, the parties in this case appeared before the Court for a status conference. The parties stipulated and the Court agreed that time should be excluded from the Speedy Trial Act calculations from July 30, 2008, through October 29, 2008, for effective preparation of defense counsel. The parties represented that granting the continuance was the reasonable time necessary for effective preparation of defense counsel, taking into account the exercise of due diligence, and because of other charges ending against the defendant. See 18 U.S.C. § 3161(h)(8)(B)(iv) and (h)(1)(D). The parties also agreed that the ends of justice served by granting such a continuance outweighed the best interests of the public and the defendant in a
STIP & [PROPOSED] ORDER EXCLUDING TIME CASE NO. CR08-0392 PJH

UNITED STATES OF AMERICA, Plaintiff, v. MARCEL ANTONIO GILTON, Defendant.

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No. CR 08-0392 PJH STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME

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Case 3:08-cr-00392-PJH

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Filed 08/05/2008

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speedy trial. See 18 U.S.C. § 3161(h)(8)(A). SO STIPULATED:

JOSEPH P. RUSSONIELLO United States Attorney DATED: August 4, 2008 /s/ Owen Martikan OWEN P. MARTIKAN Assistant United States Attorney

DATED: August 4, 2008

/s/ HUGH A. LEVINE, ESQ. Attorney for Marcel Antonio Gilton

[PROPOSED] ORDER 13 As the Court found on July 30, 2008, and for the reasons stated above, an exclusion of time 14 from July 30, 2008, through October 29, 2008, is warranted because the ends of justice served by 15 the continuance outweigh the best interests of the public and the defendant in a speedy trial. See 16 18 U.S.C. § 3161(h)(8)(A). The failure to grant the requested continuance would deny defense 17 counsel the reasonable time necessary for effective preparation, taking into account the exercise 18 of due diligence, and would result in a miscarriage of justice. See 18 U.S.C. § 3161(h)(8)(B)(iv). 19 The delay is also necessary due to proceedings relating to other charges pending against the 20 defendant. See 18 U.S.C. § 3161(h)(1)(D). 21 22 SO ORDERED. 23

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8/5/08 DATED: ______________________

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STIP & [PROPOSED] ORDER EXCLUDING TIME CASE NO. CR08-0392 PJH

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