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United States v. Akudinobi

United States District Court, Northern District of California
Aug 23, 2021
21-cr-00249-YGR (N.D. Cal. Aug. 23, 2021)

Opinion

21-cr-00249-YGR

08-23-2021

United States of America, Plaintiff, v. Amekka Emmanuel Akudinobi, Defendants.

Angela Hansen Attorney for Defendant. Samantha Bennett Assistant United States Attorney.


Angela Hansen Attorney for Defendant.

Samantha Bennett Assistant United States Attorney.

STIPULATED ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT

Virginia K. DeMarchi, United States Magistrate Judge.

For the reasons stated by the parties on the record on August 23, 2021 the court excludes time under the Speedy Trial Act from August 23, 2021 to August 25, 2021 and finds that the ends of justice served by the continuance outweigh the best interest of the public and the defendant in a speedy trial. See 18 U.S.C. § 3161(h)(7)(A). The court makes this finding and bases this continuance on the following factor(s):

X Failure to grant a continuance would be likely to result in a miscarriage of justice. See 18 U.SC. § 3161(h)(7)(B)(i).

__ The case is so unusual or so complex, due to [check applicable reasons] __ the number of defendants, ___ the nature of the prosecution, or the existence of novel questions of fact or law, that it reasonable to expect adequate preparation for pretrial proceedings or the trial itself within the time limits established by this section. See 18 U.S.C. § 3161(h)(7)(B)(ii).

__ Failure to grant a continuance would deny the defendant reasonable time to obtain counsel, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(7)(B)(iv).

_X Failure to grant a continuance would unreasonably deny the defendant continuity of counsel, given counsel's other scheduled case commitments, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(7)(B)(iv).

_X Failure to grant a continuance would unreasonably deny the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. See 18 US.C. § 3161(h)(7)(B)(iv).

With the consent of the defendant, and taking into account the public interest in the prompt disposition of criminal cases, the court sets the preliminary hearing to the date set forth in the first paragraph and - based on the parties' showing of good cause - 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.


Summaries of

United States v. Akudinobi

United States District Court, Northern District of California
Aug 23, 2021
21-cr-00249-YGR (N.D. Cal. Aug. 23, 2021)
Case details for

United States v. Akudinobi

Case Details

Full title:United States of America, Plaintiff, v. Amekka Emmanuel Akudinobi…

Court:United States District Court, Northern District of California

Date published: Aug 23, 2021

Citations

21-cr-00249-YGR (N.D. Cal. Aug. 23, 2021)