Opinion
No. CR 11-0816 RS
11-23-2011
UNITED STATES OF AMERICA, Plaintiff, v. JAVIER TELLEZ AYALA, a/k/a Javier Ayala Telelz, a/k/a Gilberto Villasenor Calderon, Defendant.
MELINDA HAAG United States Attorney SUSAN PHAN Special Assistant U.S. Attorney DANIEL BLANK Attorney for JAVIER TELLEZ AYALA
MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
SUSAN PHAN (CABN 241637)
Special Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102
Attorneys for the United States of America
STIPULATION AND [PROPOSED]
ORDER EXCLUDING TIME UNDER 18
U.S.C. § 3161
The defendant appeared for his first status conference before this Court on November 22, 2011. The parties requested a pre-plea Pre-Sentencing Report (PSR) for Mr. Ayala. The parties represented that the pre-plea PSR will aid Mr. Ayala's understanding of the potential sentence he may face in this case. The Government also anticipates providing the defendant with additional discovery. Accordingly, defense counsel will need additional time to review. The parties have agreed to exclude the period of time between November 22, 2011 to January 3, 2012, from any time limits applicable under 18 U.S.C. § 3161. The parties represented that granting the exclusion would allow the reasonable time necessary for effective preparation of counsel. See 18 U.S.C. § 3161(h)(7)(B)(iv). The parties also agree that good cause exists, and that the ends of justice served by granting such an exclusion of time outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). At the hearing, the Court made findings consistent with this agreement.
SO STIPULATED:
MELINDA HAAG
United States Attorney
SUSAN PHAN
Special Assistant U.S. Attorney
DANIEL BLANK
Attorney for JAVIER TELLEZ AYALA
[PROPOSED] ORDER
For the reasons stated above at the November 22, 2011 status conference, the Court finds that the exclusion from the time limits applicable under 18 U.S.C. § 3161 of the period from November 22, 2011 to January 3, 2012 is warranted and that good cause exists, and the ends of justice served by the continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. §3161(h)(7)(A).
IT IS SO ORDERED.
RICHARD SEEBORG
United States District Judge