Free Proposed Order - District Court of California - California

Case 3:07-cr-00602-VRW

Document 11

Filed 12/19/2007

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11

ANDREW G. OOSTERBAAN Chief, Child Exploitation and Obscenity Section Criminal Division - Department of Justice STEVE GROCKI (VABN 41502) Trial Attorney Child Exploitation and Obscenity Section Criminal Division - Department of Justice JENNIFER TORITTO LEONARDO (LICENSED IN NEW YORK) Trial Attorney Child Exploitation and Obscenity Section Criminal Division - Department of Justice 1400 New York Ave. NW Ste. 600 Washington, DC 20005 p (202) 616-8900 f (202) 514-1793 Attorneys for Plaintiff

12 13 14 15 16 UNITED STATES OF AMERICA, 17 Plaintiff, 18 v. 19 BERNARD V. WARD, 20 Defendant. 21 22 23 24 With the agreement of the parties, and with the consent of the defendant, the Court enters this 25 order scheduling a status conference on January 24, 2008 and documenting the exclusion of time 26 under the Speedy Trial Act, 18 U.S.C. § 3161(h)(8)(A) and (B)(iv), from December 6, 2007 27 through January 24, 2008. The parties agree, and the Court finds and holds, as follows: 28 1. The parties appeared before the Court on December 6, 2007 for the defendant's ) ) ) ) ) ) ) ) ) ) No. CR 07-0602 VRW STIPULATION AND [PROPOSED] ORDER SETTING STATUS CONFERENCE ON JANUARY 24, 2008 AND EXCLUDING TIME FROM DECEMBER 6, 2007 THROUGH JANUARY 24, 2008 UNDER THE SPEEDY TRIAL ACT CALCULATION (18 U.S.C. § 3161(h)(8)(A) and (B)(iv)) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Case 3:07-cr-00602-VRW

Document 11

Filed 12/19/2007

Page 2 of 3

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

arraignment. The parties indicated that the government has provided most, if not all, of the discovery to the prior counsel assigned to this case. The government indicated its willingness, in the interests of continuity, to resubmit all of its discovery to counsel presently assigned the case. Defense counsel, Doron Weinberg, indicated that he will need to review this discovery. Additionally, defense counsel indicated that he anticipated conducting an extensive forensic examination of all forensic evidence seized from defendant. Mr. Weinberg further indicated that he anticipated that this would take several weeks since pursuant to Section 504 of the Adam Walsh Act, codified at 18 U.S.C. § 3509(m), this evidence would have to be reviewed at a location under the government's control. 2. Accordingly, the parties requested that the matter be set for status on January 24, 2008 and requested the exclusion of time under the Speedy Trial Act. 3. The defendant agrees to an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161(h)(8)(B)(iv), to provide for continuity of counsel and reasonable time necessary for effective preparation of counsel, taking into account the exercise of due diligence. 4. The Court finds that, taking into account the public interest in the prompt disposition of criminal cases, the ends of justice served by excluding the period from December 6, 2007 through January 24, 2008, outweigh the best interest of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(8)(A). 5. Accordingly, and with the consent of the defendant, the Court: (1) sets this case for a status conference on January 24, 2008 at 1:30 PM and (2) orders that the period from December 6, 2007 through January 24, 2008 be excluded from Speedy Trial Act calculations under 18 U.S.C. § 3161(h)(8)(A) and (B)(iv).

IT IS SO STIPULATED: DATED: December 19, 2007 ____/s/___________________________ DORON WEINBERGER COUNSEL FOR DEFENDANT

Case 3:07-cr-00602-VRW

Document 11

Filed 12/19/2007

Page 3 of 3

1 2 3 4

DATED: December 19, 2007

______/s/_________________________ JENNIFER TORITTO LEONARDO TRIAL ATTORNEY

IT IS SO ORDERED. DATED:________________ _______________________________ THE HONORABLE VAUGHN R. WALKER United States District Court Judge

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28