Free Order - District Court of California - California

Case 3:08-cr-00093-SI

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07/14/2008 Filed 07/11/2008

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

8 9 UNITED STATES OF AMERICA, 10 11
v. Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) No. CR 08-00093-SI [PROPOSED] STIPULATED ORDER CONTINUING STATUS/TRIAL SETTING HEARING. Current Hearing Date: Friday, July 18, 2008 at 11:00 a.m. Proposed Hearing Date: Friday, July 25, 2008 at 11:00 a.m.

12 TINO NAPOLEON, 13 14 15 16 17
Defendant.

The defendant in the above-entitled case is currently scheduled to appear before the Court on

18 Friday, July 18, 2008 at 11:00 a.m. for status and trial setting. In this stipulated order, AFPD Steven 19 Kalar, counsel for Mr. Napoleon, represents that he is unavailable on that date because of an out-of20 state work obligation involving a trial in a different state. Mr. Kalar further represents that he first 21 became aware of this scheduling conflict on Wednesday, July 9, 2008. 22
The defense accordingly requests that the hearing now scheduled for July 18th be vacated, and

23 that the matter be added to the Court's calendar on Friday, July 25, 2008 for status and to set dates. 24 The government has no objection to this request. 25 // 26 //
Napoleon, CR 08-00093-SI ORD. CONT. HEARING

Case 3:08-cr-00093-SI

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07/14/2008 Filed 07/11/2008

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Therefore, for good cause shown the matter shall be taken off the Court's calendar on Friday

2 July 18, 2008. The matter shall be added to the Court's calendar on Friday, July 25, 2008 at 11:00 3 a.m. for status and to set dates. The Court finds that due to the need for continuity of counsel, the 4 ends of justice outweigh the best interest of the public and the defendant in a speedy trial and 5 accordingly excludes time under the Speedy Trial Act from July 18th to July 25, 2008 for continuity 6 of counsel. See 18 USC § 3161(h)(8)(A); (h)(8)(B)(iv). 7 8 IT IS SO ORDERED. 9 10 11 12 13 IT IS SO STIPULATED. 14
July 10, 2008 DATED SUSAN ILLSTON United States District Court Judge

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Napoleon, CR 08-00093-SI ORD. CONT. HEARING

/s JOSEPH P. RUSSONIELLO United States Attorney Northern District of California DEREK OWENS Assistant United States Attorney

July 10, 2008 DATED

/s BARRY J. PORTMAN Federal Public Defender Northern District of California STEVEN G. KALAR Assistant Federal Public Defender

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