Opinion
KEVIN V. RYAN (CASBN 118321), United States Attorney, MARK L. KROTOSKI (CASBN 138549), Chief, Criminal Division, BLAKE D. STAMM (CTSBN 301887), Special Assistant United States Attorney, San Francisco, California, Attorneys for Plaintiff.
ORDER TO EXCLUDE TIME AND DEFER PROSECUTION STIPULATION AND [PROPOSED] ORDER TO EXCLUDE TIME AND DEFER PROSECUTION
SUSAN ILLSTON, District Judge.
The parties hereby request that the Court defer prosecution and exclude time under the Speedy Trial Act in the above captioned case pursuant to 18 U.S.C. § 3161(h)(2) from December 28, 2006 to June 28, 2007 for deferral of prosecution. The parties and Pretrial Services, as reflected in the appended Agreement for Pretrial Diversion, agree that a six month period of pretrial diversion is an appropriate disposition in this matter. During that time the defendant will have an opportunity to demonstrate his good conduct.
Accordingly, the parties agree that the prosecution should be be deferred for a six month period and request an exclusion of time during that period.
Based on the stipulation of the parties and for good cause shown, IT IS HEREBY ORDERED that prosecution is deferred and time is excluded under the Speedy Trial Act 29 pursuant to 18 U.S.C. § 3161(h)(2) from December 28, 2006 to June 28, 2007 for deferral of prosecution by the Government for the purpose of allowing the defendant to demonstrate good conduct under the conditions of a pretrial diversion program.