Free Stipulation - District Court of California - California

Case 4:07-mj-70574-MRGD

Document 35-2

Filed 12/13/2007

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1 2 3 4 5 6 7 8 UNITED STATES OF AMERICA, 9 10

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

CR 07-70574 WDB [PROPOSED] ORDER GRANTING THIRD STIPULATION TO WAIVE TIME UNDER SPEEDY TRIAL ACT AND FOR PRELIMINARY HEARING

Plaintiff, v.

11 MICHAEL MARTIN, et al., 12 13 14

Defendant. / Pursuant to Fed. R. Crim. P. 5.1(d) and 18 U.S.C. §

15 3161(h)(8), the parties in this matter have filed a Third 16 Stipulation to Waive Time Under the Speedy Trial Act and for 17 Preliminary Hearing, seeking to waive and extend the time for 18 the preliminary hearing and to exclude the time between December 19 14, 2007, through January 29, 2008, from the Speedy Trial Clock. 20 The stipulation was signed by counsel of record as well as the 21 defendants such that the defendants are knowingly and 22 voluntarily waiving their rights to a preliminary hearing on 23 December 14, 2007, and extending the preliminary hearing until 24 January 29, 2008. 25 26 27
LAW OFFICES
506 BROADW AY SAN FRANCISCO (415) 986-5591 Fax: (415) 421-1331

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Case 4:07-mj-70574-MRGD

Document 35-2

Filed 12/13/2007

Page 2 of 2

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The stipulation noted that the government provided

2 discovery to defendants' counsel during the period previously 3 excluded (from October 26, 2007 to December 14, 2007). 4

Additional time will allow defendants' counsel to better

5 evaluate the case, including the prospect of early resolution at 6 the pre-indictment stage.

Counsel also acknowledged that an

7 exclusion of time under the Speedy Trial Act is appropriate to 8 allow for the effective preparation of defense counsel taking 9 into account the exercise of due diligence. 10 appearing therefor, 11

Good cause

IT IS HEREBY ORDERED that the period between December 14,

12 2007, and January 29, 2008, is excluded from the Speedy Trial 13 Clock to allow counsel to effectively prepare, taking into 14 account the exercise of due diligence. 15 3161(h)(8)(B)(iv).

18 U.S.C. §

The Court finds that the "ends of justice

16 served by the granting of such continuance outweigh[s] the best 17 interests of the public and the defendant in a speedy trial." 18 18 U.S.C. § 3161(h)(8)(A).

Additionally, the Court finds that

19 the defendants knowingly and voluntarily waived the period 20 between December 14, 2007, and January 29, 2008, such that 21 preliminary hearing is now scheduled for January 29, 2008 at 22 10:00 a.m. 23 24 25 26 27
LAW OFFICES
506 BROADW AY SAN FRANCISCO (415) 986-5591 Fax: (415) 421-1331

Dated:

WAYNE D. BRAZIL, Judge United States District Court

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