Free Stipulation - District Court of California - California

Case 4:07-mj-70574-MRGD

Document 34

Filed 12/11/2007

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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. THIRD 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 Friday, December 14, 2007 at 10:00 a.m. 19

The government provided as discovery over 1,400 pages of In early November, the

20 documents during the month of October.

21 government provided 10 CD-ROMs containing photographs and video 22 recordings. 23

Additional discovery was produced as recently as December

24 5, 2007, consisting of further DEA-6 reports. 25

The parties have previously agreed and so stipulated to

26 waive time for the preliminary hearing in order for counsel to 27 have sufficient time to review the discovery and evaluate the
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28 prospect of pre-indictment resolution.

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Case 4:07-mj-70574-MRGD

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Filed 12/11/2007

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The parties had scheduled a meeting wherein counsel for all

2 parties would meet and confer. 3

However, the meeting did not go forward as planned, and as

4 of the time of writing, the parties are attempting to 5 reschedule. 6

The exclusion of additional time will facilitate the

7 prospect of meaningful discussions which could obviate the need 8 to consume judicial and public resources as well as some of the 9 defendants' resources with respect to investigation and 10 litigation of motions in preparation for trial. 11

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

12 waive the necessary additional time pursuant to Fed.R.Crim.P. 5 13 and 18 U.S.C. § 3161, the Speedy Trial Act, such that the pre14 liminary hearing be extended to January 23, 2008 at 10:00 a.m. 15

All of the defendants are out of custody on bond.

16 Defendants each have consulted with their attorneys and 17 understand that they have the right to a preliminary hearing or 18 that further charging documents be presented and filed with the 19 Court on the day of or before said preliminary hearing. 20 Pursuant to Fed.R.Crim.P. 5.1(d), the defendants knowingly and 21 voluntarily waive their rights to a preliminary hearing on 22 December 14, 2007, and agree to extend the time for preliminary 23 hearing until January 23, 2008.

The parties also agree that

24 good cause exists to grant the extension in light of the ongoing 25 discovery process and for the effective preparation of counsel 26 for the defendants. 27
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The parties jointly request that the time between December

28 14, 2007, and January 23, 2008, be excluded under the Speedy

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1 Trial Clock to allow defendants' counsel to review any 2 additional discovery and effectively prepare, taking into 3 account the exercise of due diligence. 4 3161(h)(8)(A) and 3161(h)(8)(B)(iv).

See 18 U.S.C. §§ The parties agree that the

5 "ends of justice served by the granting of such continuance 6 outweigh the best interests of the public and the defendant[s] 7 in a speedy trial." 8

18 U.S.C. § 3161(h)(8)(A).

Dated:

December 11, 2007

9 SCOTT N. SCHOOLS

United States Attorney
10 11 /s/ SHASHI KEWALRAMANI

H.H. (SHASHI) KEWALRAMANI
12 Assistant United States Attorney

Attorney for the United States
13 14 /s/ SARA ZALKIN

SARA ZALKIN 15 Attorney for MICHAEL MARTIN
16

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

/s/ RANDOLPH E. DAAR
17 RANDOLPH E. DAAR

Attorney for JESSICA SANDERS
18 19 /s/ JEROME MATTHEWS

JEROME MATTHEWS 20 Attorney for MICHAEL ANDERSON
21

/s/

TED CASSMAN

22 TED CASSMAN

LAUREL HEADLEY
23 Attorneys for DIALLO McLINN 24 25 26 27
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