Free Stipulation - District Court of California - California

Case 4:07-mj-70574-MRGD

Document 39-2

Filed 01/24/2008

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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 FOURTH 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 Fourth 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 January 19 29, 2008, through February 26, 2008, from the Speedy Trial 20 Clock.

The stipulation was signed by counsel of record as well

21 as the defendants such that the defendants are knowingly and 22 voluntarily waiving their rights to a preliminary hearing on 23 January 29, 2008, and extending the preliminary hearing until 24 February 26, 2008. 25 26

Good cause appearing therefor, IT IS HEREBY ORDERED that the period between January 29,

27 2008, and February 26, 2008, is excluded from the Speedy Trial
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28 Clock to allow counsel to effectively prepare, taking into

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Case 4:07-mj-70574-MRGD

Document 39-2

Filed 01/24/2008

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1 account the exercise of due diligence. 2 3161(h)(8)(B)(iv).

18 U.S.C. §

The Court finds that the "ends of justice

3 served by the granting of such continuance outweigh[s] the best 4 interests of the public and the defendant in a speedy trial." 5 18 U.S.C. § 3161(h)(8)(A).

Additionally, the Court finds that

6 the defendants knowingly and voluntarily waived the period 7 between January 29, 2008, and February 26, 2008, such that 8 preliminary hearing is now scheduled for February 26, 2008, at 9 10:00 a.m. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
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Dated:

WAYNE D. BRAZIL, Judge United States District Court

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