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United States v. Alarcon

United States District Court, Ninth Circuit, California, N.D. California, San Francisco Division
Jun 10, 2015
CR 15-284 WHA (N.D. Cal. Jun. 10, 2015)

Opinion

          MELINDA HAAG, United States Attorney, DAVID R. CALLAWAY, Chief, Criminal Division, PHILIP KOPCZYNSKI, Special Assistant United States Attorney, San Francisco, California, Attorneys for United States of America.


          STIPULATION TO CONTINUE STATUS HEARING AND TO EXCLUDE TIME UNDER SPEEDY TRIAL ACT; [PROPOSED] ORDER

          WILLIAM ALSUP, District Judge.

         STIPULATION

         The United States of America, by and through Special Assistant United States Attorney Philip Kopczynski, and Defendant Abel Antonio Alarcon, by and through Assistant Federal Public Defender Candis Mitchell, hereby stipulate that, with the Court's approval, the status hearing currently scheduled for June 16, 2015 at 2:00 p.m. should be continued to June 30, 2015 at 2:00 p.m., and the time between June 16, 2015 and June 30, 2015 is excludable under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), for continuity of counsel. The reason for this requested continuance is that government counsel will be in Washington, D.C. on June 16, 2015, and in San Jose appearing before the Honorable Nathanael M. Cousins on the following Tuesday, June 23, 2015.

         IT IS SO STIPULATED.

         [PROPOSED] ORDER

         GOOD CAUSE APPEARING, upon stipulation of the parties,

         THE COURT FINDS that government counsel is unavailable to appear at the status hearing set for June 16, 2015 at 2:00 p.m.

         THE COURT FURTHER FINDS that failing to exclude the time between June 16, 2015 and June 30, 2015 would unreasonably deny the government continuity of counsel. 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 June 16, 2015 and June 30, 2015 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 status hearing set for June 16, 2015 at 2:00 p.m. shall be continued to June 30, 2015 at 2:00 p.m.

         IT IS FURTHER ORDERED that the time between June 16, 2015 and June 30, 2015 shall be excluded from computation under the Speedy Trial Act.

         IT IS SO ORDERED.


Summaries of

United States v. Alarcon

United States District Court, Ninth Circuit, California, N.D. California, San Francisco Division
Jun 10, 2015
CR 15-284 WHA (N.D. Cal. Jun. 10, 2015)
Case details for

United States v. Alarcon

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. ABEL ANTONIO ALARCON, Defendant.

Court:United States District Court, Ninth Circuit, California, N.D. California, San Francisco Division

Date published: Jun 10, 2015

Citations

CR 15-284 WHA (N.D. Cal. Jun. 10, 2015)