Free Stipulation - District Court of California - California

Case 4:07-mj-70574-MRGD

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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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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 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

This matter is set to come before the Court for Preliminary Hearing or Arraignment on October 19, 2007 at 10:00 a.m. The United States has provided a substantial amount of discovery to defendants' counsel and will be providing additional discovery shortly. The parties had originally agreed to waive two days, such that the preliminary hearing could be held on October 19, 2007, which would allow counsel to review the discovery before further charging decisions are made. In light of the Court's unavailability on October 19, 2007, Michael Martin, Jessica Sanders, and Michael Anderson have agreed to waive the necessary additional time under Fed. R. Crim. P. 5 and the Speedy Trial Act, 18 U.S.C. § 3161, such that the preliminary hearing date is extended to October 26,2007 at 10 a.m.

Case 4:07-mj-70574-MRGD

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For the same reasons, the remaining defendant, Diallo McLinn also agrees to waive the additional time necessary to allow the preliminary hearing to occur on October 26, 2007. None of the defendants are in custody and this is the first stipulation by the parties. As indicated by Mr. McLinn signature, he has consulted with his attorneys and understand that he has 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), Mr. McLinn knowingly and voluntarily waive his rights to a preliminary hearing on October 19, 2007 and agrees to extend the time for a preliminary hearing until October 26, 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 defendant's counsel to effectively prepare. The parties also jointly request that the time between October 19, 2007 and October 26, 2007 be excluded under the Speedy Trial Clock to allow Mr. McLinn's 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 /// /// /// /// /// /// /// /// /// /// ///

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 16, 2007, Respectfully submitted, SCOTT N. SCHOOLS United States Attorney __________/s/_________________ H. H. (SHASHI) KEWALRAMANI Assistant United States Attorney Attorney for the United States _________/s/________________ LEWIS ROMERO Attorney for Diallo McLinn _________/s/________________ DIALLO MCLINN Defendant

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