Free Stipulation - District Court of California - California

Case 4:07-mj-70574-MRGD

Document 39

Filed 01/24/2008

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1 J. TONY SERRA #32639

SARA ZALKIN #223044
2 506 Broadway

San Francisco CA 94133
3 Telephone: 415/986-5591 4 Attorneys for Defendant

MICHAEL MARTIN
5 6 7 8 9 10 11 UNITED STATES OF AMERICA,

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

CR 07-70574 WDB
12 13

Plaintiff, v. FOURTH STIPULATION TO WAIVE TIME UNDER THE SPEEDY TRIAL ACT WITH RESPECT TO PRELIMINARY HEARING AND FILING OF FURTHER CHARGING DOCUMENTS /

14 MICHAEL MARTIN, et al., 15 16 17

Defendants.

This matter is scheduled for preliminary hearing or

18 arraignment on Tuesday, January 29, 2008, at 10:00 a.m. 19

The parties have previously agreed and so stipulated to

20 waive time for the preliminary hearing in order for counsel to 21 have sufficient time to review the discovery and evaluate the 22 prospect of pre-indictment resolution. 23

On December 20, 2007, counsel for all parties met and

24 conferred. Shortly thereafter, the government circulated a draft 25 version of a proposed plea agreement to each defendant through 26 their respective counsel. 27
LAW OFFICES
506 BROADW AY SAN FRANCISCO (415) 986-5591 Fax: (415) 421-1331

The exclusion of additional time is likely to obviate the

28 need to consume judicial and public resources insofar as the

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Case 4:07-mj-70574-MRGD

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1 parties believe in good faith that resolution is close at hand. 2

In light of the foregoing, all of the defendants agree to

3 waive the necessary additional time pursuant to Fed.R.Crim.P. 5 4 and 18 U.S.C. § 3161, the Speedy Trial Act, such that the pre5 liminary hearing be extended to February 26, 2008, at 10:00 a.m. 6

All of the defendants are out of custody on bond. Defen-

7 dants each have consulted with their attorneys and understand 8 that they have the right to a preliminary hearing or that 9 further charging documents be presented and filed with the Court 10 on the day of or before said preliminary hearing.

Pursuant to

11 Fed.R.Crim.P. 5.1(d), the defendants knowingly and voluntarily 12 waive their rights to a preliminary hearing on January 29, 2008, 13 and agree to extend the time for preliminary hearing until 14 February 26, 2008. 15

The parties jointly request that the time between January

16 29, 2008, and February 26, 2008, be excluded under the Speedy 17 Trial Clock to allow defendants' counsel to effectively prepare, 18 taking into account the exercise of due diligence. 19 U.S.C. §§ 3161(h)(8)(A) and 3161(h)(8)(B)(iv).

See 18

The parties

20 agree that the "ends of justice served by the granting of such 21 continuance outweigh the best interests of the public and the 22 defendant[s] in a speedy trial." 23 24 25 26 27
LAW OFFICES
506 BROADW AY SAN FRANCISCO (415) 986-5591 Fax: (415) 421-1331

18 U.S.C. § 3161(h)(8)(A).

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1

For the foregoing reasons, the parties respectfully request

2 that the matter be continued from January 29, 2008, to February 3 26, 2008, at 10:00 a.m. 4 5 6 7 8 9 10 11 /s/ SARA ZALKIN

Dated: January 24, 2008 Joseph P. Russoniello United States Attorney /s/ SHASHI KEWALRAMANI H.H. (SHASHI) KEWALRAMANI Assistant United States Attorney

SARA ZALKIN 12 Attorney for MICHAEL MARTIN
13

/s/ MICHAEL MARTIN Defendant /s/ JESSICA SANDERS Defendant /s/ MICHAEL ANDERSON Defendant /s/ DIALLO McLINN Defendant

/s/ RANDOLPH E. DAAR
14 RANDOLPH E. DAAR

Attorney for JESSICA SANDERS
15 16 /s/ JEROME MATTHEWS

JEROME MATTHEWS 17 Attorney for MICHAEL ANDERSON
18

/s/

TED CASSMAN

19 TED CASSMAN

LAUREL HEADLEY
20 Attorneys for DIALLO McLINN 21 22 23 24 25 26 27
LAW OFFICES
506 BROADW AY SAN FRANCISCO (415) 986-5591 Fax: (415) 421-1331

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