Opinion
[PROPOSED] ORDER DOCUMENTING EXCLUSION OF TIME
SUSAN ILLSTON, District Judge
With the agreement of the parties in open court on November 9, 2007, and with the consent of the defendant Minh Dang ("defendant"), the Court enters this order (1) setting a hearing on December 7, 2007 at 11:00 a.m. and (2) documenting the exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, from November 9, 2007 to December 7, 2007. The Court finds and holds, as follows:
1. The defendant made his initial appearance before this Court on November 9, 2007. Counsel advised the Court on that date that the government had produced several hundred pages of discovery and would be producing additional discovery in the near future. Counsel for the defendant needs time to review the discovery and to investigate the case. Continuing the case until December 7, 2007 will give the defendant an opportunity to accomplish this objective. Defense counsel will also be out of the office and unavailable for one week between November 9, 2007 and December 7, 2007.
2. The Court finds that, taking into the account the public interest in the prompt disposition of criminal cases, granting the continuance until December 7, 2007 is necessary for effective preparation of defense counsel and for continuity of defense counsel. See 18 U.S.C. § 3161(h)(8)(B)(iv). Given these circumstances, the Court finds that the ends of justice served by excluding the period from November 9, 2007 to December 7, 2007 outweigh the best interest of the public and the defendant in a speedy trial. Id . § 3161(h)(8)(A).
3. Accordingly, and with the consent of the defendant, the Court (1) sets a hearing for December 7, 2007 at 11:00 a.m. and (2) orders that the period from November 9, 2007 to December 7, 2007 be excluded from Speedy Trial Act calculations under U.S.C. § 3161(h)(8)(A) & (B)(iv).
SO STIPULATED.
IT IS SO ORDERED.