Free Order - District Court of California - California

Case 3:07-cr-00594-PJH

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Filed 11/19/2007

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SCOTT N. SCHOOLS (SCBN 9990) United States Attorney BRIAN J. STRETCH (CABN 163973) Chief, Criminal Division JOSHUA B. EATON (CABN 196887) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-0805 Facsimile: (415) 436-7234 [email protected] Attorneys for Plaintiff

9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 UNITED STATES OF AMERICA, 15 16 v. Plaintiff, ) ) ) ) ) ) ) ) ) ) No. CR 07-0594 PJH STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM OCTOBER 3, 2007 THROUGH NOVEMBER 21, 2007 FROM CALCULATIONS UNDER THE SPEEDY TRIAL ACT (18 U.S.C. § 3161)

17 JEFFREY BENJAMIN HARRISON, 18 19 20 Defendant.

With the agreement of the parties and with the consent of the defendant, the Court enters

21 this order extending time from calculations under the Speedy Trial Act (18 U.S.C. § 3161) from 22 October 3, 2007 to November 21, 2007. The parties agree, and the Court finds and holds as 23 follows: 24 1. The defendant is presently charged by criminal information for a violation of 18 U.S.C.

25 §2252(a)(4)(B) and (a)(1). Currently, the matter is scheduled for a change of plea hearing before 26 the Honorable Phyllis Hamilton at 1:30 p.m. on November 21, 2007. 27 28
Stipulation and [Proposed] Order Excluding Time CR No. 07-0594 PJH

2. The attorney for the defendant is continuing the process of reviewing initial discovery

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from the government; and the attorney for the defendant believes that an exclusion of time from calculations under the Speedy Trial Act is necessary to allow the defense to effectively prepare in light of these facts and that the continuance and exclusion is in the defendant's best interests and is with the defendant's knowledge and consent; and the attorney for the defendant agrees that the exclusion of time from October 3, 2007 to November 21, 2007 is appropriate under the Speedy Trial Act, 18 U.S.C. § 3161(h)(8)(B)(iv); 3. The defendant understands and joins in the request to exclude time from Speedy Trial Act calculations from October 3, 2007 to November 21, 2007 for the reasons stated above; and 4. The government agrees to the exclusion of time from Speedy Trial Act calculations for

10 the above reasons, and believes it is appropriate in light of the circumstances. The Court finds 11 that there is good cause for the exclusion of time under 18 U.S.C. § 3161, and that the ends of 12 justice served by granting this continuance outweigh the best interests of the public and of the 13 defendant in a speedy trial and the prompt disposition of criminal cases. 18 U.S.C. § 14 3161(h)(8)(A). The Court further finds that failure to grant the continuance would deny counsel 15 for all parties reasonable time necessary for effective preparation taking into account the exercise 16 of due diligence under 18 U.S.C. § 3161(h)(8)(B)(iv). 17 Accordingly, and with the consent of the defendant, the Court orders that the period from

18 October 3, 2007 to November 21, 2007 be excluded from the Speedy Trial Act calculations under 19 18 U.S.C. § 3161(h)(8)(A) & (B)(iv). 20 21 22 23 DATED: November 14, 2007 24 25 26 DATED: November 14, 2007 27 28
Stipulation and [Proposed] Order Excluding Time CR No. 07-0594 PJH

IT IS SO STIPULATED.

/S/ JOSHUA B. EATON Assistant United States Attorney

/S/ EDWIN PRATHER Attorney for JEFFREY HARRISON

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IT IS SO ORDERED.

11/19/07 DATED:______________

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Stipulation and [Proposed] Order Excluding Time CR No. 07-0594 PJH

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D _____________________________ RDERE THE HON. PHYLLIS HAMILTON IS SO O IT United States District Court Judge

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