Opinion
4:23-mj-71439-MAG
01-04-2024
UNITED STATES OF AMERICA, Plaintiff, v. ROBERT BELL, JR., Defendant.
JODI LINKER Federal Public Defender Northern District of California SAMANTHA JAFFE Assistant Federal Public Defender Counsel for Defendant Bell, Jr.
JODI LINKER Federal Public Defender Northern District of California SAMANTHA JAFFE Assistant Federal Public Defender Counsel for Defendant Bell, Jr.
ORDER TO CONTINUE STATUS AND EXCLUDE TIME
THE HON. DONNA M. RYU, Chief United States Magistrate Judge
Based on the agreement of the parties in the stipulation above, the status hearing regarding preliminary hearing and arraignment presently set for January 12, 2024, at 10:30 a.m., is vacated. This matter is reset to February 20, 2024, at 10:30 a.m.
Based upon the facts set forth in the stipulation of the parties and for good cause shown, the Court finds that failing to exclude the time from January 12, 2024 through February 20, 2024 would unreasonably deny defense counsel and the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). The Court further finds that the ends of justice served by excluding the time from January 12, 2024 through February 20, 2024 from computation under the Speedy Trial Act outweigh the best interests of the public and the defendant in a speedy trial. Therefore, and with the consent of the parties, IT IS HEREBY ORDERED that the time from January 12, 2024 through February 20, 2024 shall be excluded from computation under the Speedy Trial Act. 18 U.S.C. § 3161(h)(7)(A), (B)(iv).
Moreover, with the consent of the defendant, and taking into account the public interest in the prompt disposition of criminal cases, the court finds good cause for extending the time limits for a preliminary hearing under Federal Rule of Criminal Procedure 5.1 and for extending the 30-day time period for an indictment under the Speedy Trial Act (based on the exclusions set forth above). See Fed. R. Crim. P. 5.1; 18 U.S.C. § 3161(b).
IT IS SO ORDERED.