Free Stipulation - District Court of California - California

Case 5:07-cr-00596-JF

Document 19

Filed 08/12/2008

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney BRIAN J. STRETCH (CSBN 163973 Chief, Criminal Division SUSAN KNIGHT (CSBN 209013) Assistant United States Attorney 150 Almaden Blvd., Suite 900 San Jose, California 95113 Telephone: (408) 535-5056 FAX: (408) 535-5066 [email protected] Attorneys for Plaintiff

9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The undersigned parties respectfully request that the status hearing scheduled for 13, 2008 at be continued to October 8, 2008. The reasons for the continuance is that defense counsel Dean Johnson recently requested additional discovery from the government, including Giglio information regarding a Department of Commerce agent, and the government needs time to investigate the allegations and provide other requested documents. Therefore, the parties are requesting a continuance to October 8, 2008. In addition, the parties agree and stipulate that a waiver of time under the Speedy Trial Act from August 13, 2008 to October 8, 2008 is appropriate. The parties agree and stipulate that an exclusion of time is appropriate based on the UNITED STATES OF AMERICA, Plaintiff, v. BENJAMIN ROBINSON, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) No. CR 07-00596 JF STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS HEARING AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT

SAN JOSE VENUE

STIPULATION AND [PROPOSED ] ORDER NO . CR 07-00596 JF

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Case 5:07-cr-00596-JF

Document 19

Filed 08/12/2008

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defendant's need for effective preparation of counsel. SO STIPULATED: JOSEPH P. RUSSONIELLO United States Attorney _________/s/__________________________ SUSAN KNIGHT Assistant United States Attorney _________/s/___________________________ DEAN E. JOHNSON Counsel for Mr. Robinson

DATED: 8/12/08

DATED: 8/12/08 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED:______________

Accordingly, the Court HEREBY ORDERS that the status hearing is continued to October 8, 2008 at 9:00 a.m. For good cause shown, the Court FURTHER ORDERS that time be excluded under the Speedy Trial Act from 13, 2008 to October 8, 2008. The Court finds, based on the aforementioned reasons, that the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendant in a speedy trial. The failure to grant the requested continuance would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and would result in a miscarriage of justice. The Court therefore concludes that this exclusion of time should be made under 18 U.S.C. §§ 3161(h)(8)(A) and (B)(iv). SO ORDERED.

________________________________________ JEREMY FOGEL United States District Judge

STIPULATION AND [PROPOSED ] ORDER NO . CR 07-00596 JF

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