Free Stipulation - District Court of California - California

Case 4:07-mj-70574-MRGD

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Filed 10/23/2007

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SCOTT N. SCHOOLS (SCSBN 9990) United States Attorney BRIAN J. STRETCH (CABN 163973) Chief, Criminal Division H. H. (SHASHI) KEWALRAMANI (TXSBN 796879) Assistant United States Attorney 1301 Clay Street, Suite 340S Oakland, California 94612 Telephone: (510) 637-3717 Facsimile: (510) 637-3724 E-mail: [email protected] Attorneys for Plaintiff

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SECOND STIPULATION FOR EXTENSION OF PRELIMINARY HEARING AND SPEEDY TRIAL CLOCK EXCLUSION 1 Case No. 07-70574 W DB

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL MARTIN, et al., Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 07-70574 WDB SECOND STIPULATION TO WAIVE TIME UNDER SPEEDY TRIAL CLOCK AND FOR PRELIMINARY HEARING Date: October 26, 2007 Time: 10:00 a.m. Before the Honorable Wayne D. Brazil

This matter is set to come before the Court for Preliminary Hearing or Arraignment on October 26, 2007 at 10:00 a.m. The United States has provided approximately 1400 pages of discovery to defendants' counsel and will be providing additional discovery shortly, including video tapes, photographs, statements, and additional documents. The parties had originally agreed to waive nine days, such that the preliminary hearing could be held on October 26, 2007, which would allow counsel to review the discovery before further charging decisions were made. In light of the amount of the discovery provided, the discovery that is forthcoming, and allowing counsel for the defendants to review the material to determine the possibility of a pre-Indictment resolution, all of the defendants have agreed to waive the necessary additional time under Fed. R.

Case 4:07-mj-70574-MRGD

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Crim. P. 5 and the Speedy Trial Act, 18 U.S.C. § 3161, such that the preliminary hearing date be extended to December 14, 2007 at 10 a.m. None of the defendants are in custody and this is the second stipulation by the parties. As indicated by the defendants' signatures, they have consulted with their attorneys and understand that they have the right to a preliminary hearing or that further charging documents be presented and filed with the Court on the day of or before his preliminary hearing. Pursuant to Fed. R. Crim. P. 5.1(d), the defendants knowingly and voluntarily waive their rights to a preliminary hearing on October 26, 2007 and agree to extend the time for a preliminary hearing until December 14, 2007 at 10:00 a.m. The parties also agree that there is good cause present to grant the extension in light of the discovery provided and additional discovery to be provided, and for the defendants' counsel to effectively prepare. The parties also jointly request that the time between October 26, 2007 and December 14, 2007 be excluded under the Speedy Trial Clock to allow defendants' counsel to review the discovery to be provided and effectively prepare taking into account the exercise of due diligence. See 18 U.S.C. §§ 3161(h)(8)(A) and 3161(h)(8)(B)(iv). The parties agree that the "ends of justice served by the granting of such continuance outweigh the best /// /// /// /// /// /// /// /// /// /// ///

SECOND STIPULATION FOR EXTENSION OF PRELIMINARY HEARING AND SPEEDY TRIAL CLOCK EXCLUSION 2 Case No. 07-70574 W DB

Case 4:07-mj-70574-MRGD

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interests of the public and the defendant in a speedy trial." 18 U.S.C. § 3161(h)(8)(A). DATED: October 23, 2007, Respectfully submitted, SCOTT N. SCHOOLS United States Attorney _________/s/_ ________________ H. H. (SHASHI) KEWALRAMANI Assistant United States Attorney Attorney for the United States __________/s/_______________ SARA ZALKIN Attorney for Michael Martin __________/s/_______________ MICHAEL MARTIN Defendant __________/s/_______________ RANDOLPH DAAR Attorney for Jessica Sanders __________/s/_______________ JESSICA SANDERS Defendant __________/s/_______________ JEROME MATTHEWS Attorney for Michael Anderson __________/s/_______________ MICHAEL ANDERSON Defendant __________/s/_______________ LEWIS ROMERO Attorney for Diallo McLinn __________/s/_______________ DIALLO MCLINN Defendant

SECOND STIPULATION FOR EXTENSION OF PRELIMINARY HEARING AND SPEEDY TRIAL CLOCK EXCLUSION 3 Case No. 07-70574 W DB