Free Stipulation - District Court of California - California

Case 3:08-cr-00091-JSW

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Filed 07/21/2008

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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

UNITED STATES OF AMERICA, Plaintiff, v. JUAN MANUEL PENA-ANGUIANO, a/k/a Anguiano Ramirez, Defendant.

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CR No. 08-0091 JSW STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME UNDER 18 U.S.C. § 3161

On July 17, 2008, the parties in this case appeared before the Court and requested that the Court exclude time from July 17, 2008 through July 24, 2008 from Speedy Trial Act calculations because defense counsel needed additional time to review the proposed plea agreement. The parties represented to the Court that the length of the requested continuance was the reasonable amount of time necessary for effective preparation of counsel, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(8)(B)(iv). The parties also agreed that the ends of justice
Stipulation and [Proposed] Order Excluding Time CR 08-0091 JSW

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Case 3:08-cr-00091-JSW

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Filed 07/21/2008

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served by this continuance outweighed the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(8)(A).

SO STIPULATED: JOSEPH P. RUSSONIELLO United States Attorney

DATED: July 21, 2008

/s/ TAREK J. HELOU Assistant United States Attorney

DATED: July 21, 2008

/s/ RONALD TYLER Attorney for Defendant Juan M. Pena-Anguiano

As the Court stated on July 17, 2008, and for the reasons identified above, the Court finds that time from July 17, 2008 through July 24, 2008 shall be excluded from Speedy Trial Act calculations for effective preparation of counsel. 18 U.S.C. § 3161(h)(8)(A). Failing to grant the requested continuance would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and would result in a miscarriage of justice. 18 U.S.C. § 3161(h)(8)(B)(iv).

SO ORDERED.

DATED:______________

_____________________________________ THE HONORABLE JEFFREY S. WHITE United States District Judge

Stipulation and [Proposed] Order Excluding Time CR 08-0091 JSW

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