Free Stipulation - District Court of California - California

Case 4:08-cr-00064-CW

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Filed 05/05/2008

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JOSEPH P. RUSSONIELLO (CABN 44332) United States Attorney BRIAN J. STRETCH (CABN 163973) Chief, Criminal Division WADE M. RHYNE (CABN 216799) Assistant United States Attorney 1301 Clay Street, Suite 340-S Oakland, California 94612 Telephone: (510) 637-3680 Facsimile: (510) 637-3724 E-Mail: [email protected] Attorneys for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION UNITED STATES OF AMERICA, Plaintiff, v. CHAD A. HOLSTE, Defendant. ) ) ) ) ) ) ) ) ) ) ) No. CR-08-0064 CW STIPULATED REQUEST TO CONTINUE HEARING DATE TO JUNE 4, 2008 AND TO EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT Date: Time: Court: June 4, 2008 2:00 p.m. Hon. Claudia Wilken

The above-captioned matter is currently set on May 7, 2008 before this Court for motions setting or disposition or trial setting. The parties request that this Court continue the hearing to June 4, 2008 at 2:00 p.m. and that the Court continue to exclude time under the Speedy Trial Act between May 7, 2008 and June 4, 2008. The government is currently awaiting the completion of the computer forensic examination of the relevant media, and the defense has requested additional time to meet and confer with the defendant regarding mental health issues. Both parties require additional time to effectively prepare the case for further disposition. Therefore, the parties stipulate and request that the Court continue to exclude time between May 7, 2008 and June 4, 2008 under the Speedy Trial Act for reasonable time necessary for counsel to effectively prepare, pursuant to 18 U.S.C.
STIP. AND [PROPOSED] ORDER TO SET CONTINUE HEARING TO JUNE 4, 2008 AND TO EXCLUDE TIME No. CR-08-0064 CW

Case 4:08-cr-00064-CW

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§ 3161(h)(8)(B)(iv). The parties agree the ends of justice served by granting the continuance outweigh the best interests of the public and the defendant in a speedy trial.

DATED: May 5, 2008

______________________________ WADE M. RHYNE Assistant United States Attorney Counsel for United States

/S/ ____________________________ JEROME MATTHEWS Counsel for Chad A. Holste

I hereby attest that I have authorization to file this document on behalf of those individuals whose signatures are indicated by a "conformed" signature (/S/) within this e-filed document.

STIP. AND [PROPOSED] ORDER TO SET CONTINUE HEARING TO JUNE 4, 2008 AND TO EXCLUDE TIME No. CR-08-0064 CW

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties jointly requested that the hearing in this matter be continued from May 7, 2008 to June 4, 2008, and that time be excluded under the Speedy Trial Act between May 7, 2008 and June 4, 2008 to allow for the effective preparation of counsel for the reasons set forth in the parties' stipulated request. For these stated reasons, the Court finds that the ends of justice served by granting the continuance outweigh the best interests of the public and the defendant in a speedy trial. Good cause appearing therefor, and pursuant to 18 U.S.C. § 3161(h)(8)(B)(iv), IT IS HEREBY ORDERED that this matter is set for motions setting or disposition or trial setting on June 4, 2008 at 2:00 p.m., and that time between May 7, 2008 and June 4, 2008 will continue to be excluded under the Speedy Trial Act to allow for the effective preparation of ///
STIP. AND [PROPOSED] ORDER TO SET CONTINUE HEARING TO JUNE 4, 2008 AND TO EXCLUDE TIME No. CR-08-0064 CW

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION UNITED STATES OF AMERICA, Plaintiff, v. CHAD A. HOLSTE, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) No. CR-08-0064 CW [PROPOSED] ORDER TO CONTINUE HEARING DATE TO JUNE 4, 2008 AND TO EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT Date: Time: Court: June 4, 2008 2:00 p.m. Hon. Claudia Wilken

Case 4:08-cr-00064-CW

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counsel, taking into account the exercise of due diligence.

DATED:_________________

____________________________________ HON. D. CLAUDIA WILKEN United States District Judge

STIP. AND [PROPOSED] ORDER TO SET CONTINUE HEARING TO JUNE 4, 2008 AND TO EXCLUDE TIME No. CR-08-0064 CW