Free Stipulation - District Court of California - California

Case 3:08-cr-00092-MHP

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Filed 04/14/2008

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JOSEPH P. RUSSONIELLO (CABN 44332) United States Attorney BRIAN J. STRETCH (CABN 163973) Chief, Criminal Division DEREK R. OWENS (CABN 230237) Assistant United States Attorney 450 Golden Gate Avenue, 11th Floor San Francisco, California 94102 Telephone: (415) 436-6488 Fax: (415) 436-7234 Email: [email protected] Attorneys for Plaintiff

9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 UNITED STATES OF AMERICA, 14 Plaintiff, 15 v. 16 17 18 19 20 21 22 23 24 25 26 27 28 On March 3, 2008, the parties in this case appeared before the Court for a status conference for this case. At that time, the parties represented that this is what is commonly referred to as a "1326 fast-track" case and that the U.S. Probation Office had already been contacted for the preparation of a modified presentence report (PSR). The parties requested a change of plea and sentencing hearing to be scheduled for March 31, 2008, at 10:00 a.m. The PSR was completed on March 28, and the parties did not have enough time to finalize the fast-track plea agreement before the March 31 hearing. Therefore, the parties hereby jointly and respectfully request that the change of plea and sentencing hearing previously scheduled for March 31, 2008 be continued STIP. AND ORDER CR 08-0092 MHP CARLOS ALBERTO ORANTESHERNANDEZ, Defendant. ) ) ) ) ) ) ) ) ) ) ) No. CR 08-0092 MHP STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT FROM MARCH 31, 2008 TO APRIL 14, 2008

Case 3:08-cr-00092-MHP

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Filed 04/14/2008

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to 11:00 a.m. on April 14, 2008. The parties agree that granting the continuance is the reasonable time necessary for effective preparation of defense counsel, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(8)(B)(iv). The parties also agree that the ends of justice served by granting such a continuance outweigh the best interests of the public and the defendant in a speedy trial. See 18 U.S.C. § 3161(h)(8)(A). SO STIPULATED: JOSEPH P. RUSSONIELLO United States Attorney 4/1/2008 DATED: ________________ /s/ Derek Owens __________________________ DEREK R. OWENS Assistant United States Attorney /s/ Ronald Tyler ____________________________________ RONALD TYLER Attorney for Mr. ORANTES-HERNANDEZ

4/7/2008 DATED: ________________

The change of plea and sentencing hearing previously scheduled for March 31, 2008, is hereby continued to 11:00 a.m. on April 14, 2008, before the Honorable Marilyn Hall Patel. The Court also finds that an exclusion of time between March 31, 2008 through April 14, 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. See 18 U.S.C. §3161 (h)(8)(A). The 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, and would result in a miscarriage of justice. See 18 U.S.C. §3161(h)(8)(B)(iv). SO ORDERED. DATED:______________ _______________________________________ THE HONORABLE MARILYN HALL PATEL United States District Court Judge

STIP. AND ORDER CR 08-0092 MHP

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