Case 4:07-mj-70574-MRGD
Document 35
Filed 12/13/2007
Page 1 of 3
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. AMENDED 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
LAW OFFICES
506 BROADW AY SAN FRANCISCO (415) 986-5591 Fax: (415) 421-1331
28 prospect of pre-indictment resolution.
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Case 4:07-mj-70574-MRGD
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Filed 12/13/2007
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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 29, 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 29, 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
LAW OFFICES
506 BROADW AY SAN FRANCISCO (415) 986-5591 Fax: (415) 421-1331
The parties jointly request that the time between December
28 14, 2007, and January 29, 2008, be excluded under the Speedy
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Case 4:07-mj-70574-MRGD
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Filed 12/13/2007
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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 9 10 SCOTT N. SCHOOLS
18 U.S.C. § 3161(h)(8)(A).
Dated:
December 13, 2007
United States Attorney
11 12 /s/ SHASHI KEWALRAMANI
H.H. (SHASHI) KEWALRAMANI
13 Assistant United States Attorney
Attorney for the United States
14 15 /s/ SARA ZALKIN
SARA ZALKIN 16 Attorney for MICHAEL MARTIN
17
/s/ MICHAEL MARTIN Defendant /s/ JESSICA SANDERS Defendant /s/ MICHAEL ANDERSON Defendant /s/ DIALLO McLINN Defendant
/s/ RANDOLPH E. DAAR
18 RANDOLPH E. DAAR
Attorney for JESSICA SANDERS
19 20 /s/ JEROME MATTHEWS
JEROME MATTHEWS 21 Attorney for MICHAEL ANDERSON
22
/s/
TED CASSMAN
23 TED CASSMAN
LAUREL HEADLEY
24 Attorneys for DIALLO McLINN 25 26 27
LAW OFFICES
506 BROADW AY SAN FRANCISCO (415) 986-5591 Fax: (415) 421-1331
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