Free Stipulation - District Court of California - California

Case 3:08-cr-00091-JSW

Document 12

Filed 05/20/2008

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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

The parties are scheduled to appear before the Court on May 22, 2008 to set motions or for the defendant to change his plea. Counsel for the government will be out of town at a funeral on May 22, 2008, and out of town at another funeral on May 29, 2008, the court's next scheduled criminal law and motion date. Consequently, the parties request that the Court change the May 22, 2008 court appearance to June 5, 2008. The parties request that the Court exclude
Stipulation and [Proposed] Order Excluding Time CR 08-0091 JSW

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Case 3:08-cr-00091-JSW

Document 12

Filed 05/20/2008

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all time under the Speedy Trial Act between May 22, 2008 and June 5, 2008. The parties agree that the length of the continuance is the reasonable time necessary for continuity of government counsel. 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. 18 U.S.C. § 3161(h)(8)(A).

SO STIPULATED: JOSEPH P. RUSSONIELLO United States Attorney

DATED: May 20, 2008

/s/ TAREK J. HELOU Assistant United States Attorney

DATED: May 20, 2008

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

For the reasons stated above, the Court moves the parties' May 22, 2008 court appearance to June 5, 2008 at 2:30 p.m. Additionally, the Court finds that exclusion of time from May 22, 2008 through June 5, 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. 18 U.S.C. § 3161(h)(8)(A). The failure to grant the requested continuance would deny the government continuity of counsel, 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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