Free Stipulation - District Court of California - California

Case 3:07-cr-00594-PJH

Document 47

Filed 01/30/2008

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EDWIN K. PRATHER (State Bar No. 190536) CRAIG BESSENGER (State Bar No. 245787) CLARENCE & DYER LLP 899 Ellis Street San Francisco, California 94109 Telephone: 415.749.1800 Facsimile: 415.749.1694 Email: [email protected] [email protected] Attorneys for Defendant Jeffrey Harrison

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, Plaintiff, v. JEFFREY HARRISON, Defendant. Case No.: CR 07-0594 PJH STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION TO BRIEFING SCHEDULE ON DEFENDANT'S MOTION TO SUPPRESS

On January 8, 2008, the parties appeared before the Court to set a jury trial date as well as a briefing schedule and hearing date for Defendant's Motion to Suppress Evidence. The parties agreed on and the Court set this matter to begin a jury trial on April 14, 2008. As for the Motion to Suppress, the parties agreed on and the Court set the following dates: Defendant's Motion to Suppress Evidence Filing Date - January 30, 2008

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Government's Opposition Filing Date - February 13, 2008 Defendant's Reply Filing Date - February 20, 2008 Hearing on Defendant's Motion - March 5, 2008, at 2:30 p.m.

Case 3:07-cr-00594-PJH

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On January 29, 2008, defense counsel received seventy-five pages of new and additional discovery from the government including three reports by law enforcement personnel. Defense counsel requires time to consider whether this discovery affects the impending Motion to Suppress and respectfully requests an additional two days for the filing of the motion. Assistant United States Attorney Denise Barton does not object to a new briefing schedule. At the January 8, 2008 calling of this case, the Court indicated that it would needed all briefs on the motion one week prior to the hearing. The new schedule still calls for briefing to be completed 12 days prior to the hearing. However, should the Court require additional time, the parties would be amenable to moving the hearing date from March 5, 2008 to accommodate the Court's schedule. The new briefing schedule would be as follows: Defendant's Motion to Suppress Evidence Filing Date ­ February 1, 2008 Government's Opposition Filing Date - February 15, 2008 Defendant's Reply Filing Date - February 22, 2008 Hearing on Defendant's Motion - March 5, 2008, at 2:30 p.m.

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Case 3:07-cr-00594-PJH

Document 47

Filed 01/30/2008

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Finally, the parties represent that granting the continuance is necessary for effective
preparation of counsel, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(8)(B)(iv).

__/s/ _________ EDWIN K. PRATHER Clarence & Dyer LLP Attorneys for Jeffery Harrison

_/s/ _________ DENISE BARTON Assistant United States Attorney

The Court hereby amends the Briefing Schedule set on January 8, 2008 in the manner set forth above. In addition, for the reasons stated above, the Court finds that the ends of justice served by the continuance outweigh the best interests of the public and the defendant in a speedy trial and that time should be excluded from the Speedy Trial Act calculations from January 30, 2008 through February 1, 2008 for effective preparation of counsel. See 18 U.S.C. §3161 (h)(8)(A). The failure to grant the requested continuance would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and would result in a miscarriage of justice. See 18 U.S.C. §3161(h)(8)(B)(iv). IT IS SO ORDERED. Dated: January ____, 2008 _______________________________________ PHYLLIS J. HAMILTON UNITED STATES DISTRICT COURT JUDGE

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