Opinion
No. CR-10-00825 DLJ
10-24-2011
UNITED STATES OF AMERICA, Plaintiff, v. JESSICA AGUILAR, Defendant.
VARELL L. FULLER Assistant Federal Public Defender THOMAS COLTHURST Assistant United States Attorney
BARRY J. PORTMAN
Federal Public Defender
VARELL L. FULLER
Assistant Federal Public Defender
Counsel for Defendant AGUILAR
STIPULATION AND ORDER
CONTINUING HEARING DATE AS TO
DEFENDANT JESSICA AGUILAR
STIPULATION
Defendant Jessica Aguilar, by and through Assistant Federal Public Defender Varell L. Fuller, and the United States, by and through Assistant United States Attorney Thomas Colthurst, hereby stipulate that, with the Court's approval, the hearing date currently set for November 1, 2011, be continued to Tuesday, January 17, 2012, at 9:00 a.m.
The reason for the requested continuance is that negotiations are ongoing and the parties do not anticipate that they will be prepared to resolve the case on November 1, 2011. In addition, Mr. Colthurst is about to begin a trial in San Francisco and will be largely unavailable until after the first of the year. The parties have discussed the proposed date of January 17, 2012, with the Court's clerk and have been advised that this date is available.
The parties agree that the time between November 1, 2011, and January 17, 2012, is excludable under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), for continuity of counsel and effective preparation by defense counsel.
IT IS SO STIPULATED.
VARELL L. FULLER
Assistant Federal Public Defender
THOMAS COLTHURST
Assistant United States Attorney
ORDER
GOOD CAUSE APPEARING, upon stipulation of the parties, IT IS HEREBY ORDERED that the hearing date currently set for Tuesday, November 1, 2011, shall be continued to Tuesday, January 17, 2012, at 9:00 a.m.
THE COURT FINDS that failing to exclude the time between November 1, 2011, and January 17, 2012, would unreasonably deny the government continuity of counsel, and would unreasonably deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(7)(B)(iv).
THE COURT FURTHER FINDS that the ends of justice served by excluding the time between November 1, 2011, and January 17, 2012, from computation under the Speedy Trial Act outweigh the interests of the public and the defendant in a speedy trial.
THEREFORE, IT IS HEREBY ORDERED that the time between November 1, 2011, and January 17, 2012, shall be excluded from computation under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
IT IS SO ORDERED.
THE HONORABLE D. LOWELL JENSEN
United States District Court Judge