Free Stipulation - District Court of California - California

Case 4:07-mj-70574-MRGD

Document 17-2

Filed 10/16/2007

Page 1 of 2

1 2 3 4 5 6 7 8

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

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
[PROPOSED] ORDER GRANTING PRELIMINARY HEARING EXTENSION AND EXCLUSION 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 [PROPOSED] ORDER GRANTING STIPULATION TO WAIVE TIME UNDER SPEEDY TRIAL CLOCK AND FOR PRELIMINARY HEARING Date: October 19, 2007 Time: 10:00 a.m. Before the Honorable Wayne D. Brazil

[PROPOSED] ORDER Pursuant to Fed. R. Crim. P. 5.1(d) and 18 U.S.C. § 3161(h)(8), the parties in this matter filed a Stipulation to Waive Time Under Speedy Trial Clock and For Preliminary Hearing seeking to waive and extend the time for the preliminary hearing and to exclude the time between October 19, 2007 through October 26, 2007 from the Speedy Trial Clock. The Stipulation was signed by counsel of record as well as the defendant, Mr. McLinn knowingly and voluntarily waiving his rights to a preliminary hearing on October 19, 2007, and extending the preliminary hearing until October 26, 2007. The Stipulation also noted that the United States provided discovery to the defendant's attorneys. This information will allow the defendant's attorneys to

1

Case 4:07-mj-70574-MRGD

Document 17-2

Filed 10/16/2007

Page 2 of 2

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

better evaluate the case and assist in preparing a defense. Counsel also acknowledged that an exclusion of time under the Speedy Trial Clock is appropriate to allow for the effective preparation of defense counsel taking into account the exercise of due diligence. Good cause appearing therefor, IT IS HEREBY ORDERED that the period of time between October 19, 2007 and October 26, 2007 is excluded from the Speedy Trial Clock to allow counsel to effectively prepare, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(8)(B)(iv). The Court finds that the "ends of justice served by the granting of such continuance outweigh[s] the best interests of the public and the defendant in a speedy trial." 18 U.S.C. § 3161(h)(8)(A). Additionally, the Court finds that the defendant, Mr. McLinn, knowingly and voluntarily waived the period between October 19, 2007 and October 26, 2007 , such that preliminary hearing is now scheduled for October 26, 2007 at 10:00 a.m. DATED: ___________________________ WAYNE D. BRAZIL United States Magistrate Judge

[PROPOSED] ORDER GRANTING PRELIMINARY HEARING EXTENSION AND EXCLUSION Case No. 07-70574 W DB

2