Free Stipulation - District Court of California - California

Case 3:08-cr-00394-JSW

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Filed 06/17/2008

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney BRIAN J. STRETCH (CSBN 163973) Chief, Criminal Division ALLISON MARSTON DANNER (CSBN 195046) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-7144 FAX: (415) 436-7234 Email: [email protected] Attorneys for the United States

9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 UNITED STATES OF AMERICA, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) Plaintiff, ) ) v. ) ) JOEL GUADALUPE DUARTE-ANAYA, ) ) Defendant. ) ) No. CR 08-0394 JSW STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM SPEEDY TRIAL ACT CALCULATION (18 U.S.C. § 3161(h)(8)(A))

With the agreement of the parties in open court, and with the consent of defendant Joel Guadalupe Duarte-Anaya, this Court enters this order documenting exclusion of time from June 13, 2008 through July 3, 2008 under the Speedy Trial Act, 18 U.S.C. § 3161(c)(1). The parties agree, and the Court finds and holds, as follows: 1. On June 4, 2008, defendant was charged in a criminal complaint. On June 6,

2008, defendant was arraigned on the complaint and entered a plea of not guilty. On June 6, 2008 the government moved that defendant be detained pending trial, and this Court set a detention hearing date of June 12, 2008. On June 12, 2008, the parties appeared for the detention hearing, and this Court granted the government's motion for detention. 2.
STA Stipulation CR 08-0394 JSW

On June 12, 2008, a grand jury for the Northern District of California returned an

Case 3:08-cr-00394-JSW

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Filed 06/17/2008

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indictment against defendant. On June 13, 2008, defendant was arraigned on the indictment and entered a plea of not guilty. On that date, this Court scheduled defendant's initial appearance before Judge White for July 3, 2008, the Court's next available date. 3. At the appearance on June 13, 2008, defendant agreed to an exclusion of time

under the Speedy Trial Act on the grounds that failure to grant the requested continuance would unreasonably deny defendant reasonable time necessary for effective preparation, taking into account the exercise of due diligence, in this case. This Court accordingly found that the ends of justice served by excluding the period from June 13, 2008 through July 3, 2008 from Speedy Trial Act calculations outweigh the best interest of the public and the defendant in a speedy trial.18 U.S.C. § 3161(h)(8)(A) & (B)(iv).

IT IS SO STIPULATED.

DATED: June 17, 2008

____\s\_________________________ GEOFFREY HANSEN Attorney for Defendant

DATED: June 17, 2008

_____\s\________________________ ALLISON MARSTON DANNER Assistant United States Attorney

IT IS SO ORDERED.

DATED: ______________

_______________________________ BERNARD ZIMMERMAN United States Magistrate Judge

STA Stipulation CR 08-0394 JSW

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