Opinion
KEVIN V. RYAN (CASBN 118321) United States Attorney MARK L. KROTOSKI (CASBN 138549) Chief, Criminal Division JEFFREY R. FINIGAN (CASBN 168285) Assistant United States Attorney Attorneys for Plaintiff
ORDER EXCLUDING TIME STIPULATION AND [PROPOSED].
CHARLES R. BREYER, District Judge.
The above-captioned matter came before the Court on January 10, 2007, for initial appearance. The defendant was represented by Ronald Tyler, Esq., and the government was represented by Jeffrey Finigan, Assistant United States Attorney. The matter was continued to February 7, 2007, at 2:15 p.m. in this Court for further proceedings.
The Court made a finding that the time from and including January 10, 2007, through February 7, 2007, should be excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(8)(A), because the ends of justice served by taking such action outweighed the best interest of the public STIPULATION AND [PROPOSED] and the defendant in a speedy trial. The finding was based on the need for the defendant to have reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and for continuity of counsel pursuant to 18 U.S.C. § 3161(h)(8)(B)(iv).
The parties hereby agree to and request that the case be continued until February 7, 2007, and that the exclusion of time until then be granted. The parties agree and stipulate that the additional time is appropriate and necessary under Title 18, United States Code, § 3161(h)(8)(A), because the ends of justice served by this continuance outweigh the best interest of the public and the defendant in a speedy trial. This time exclusion will allow defense counsel to effectively prepare, taking into account the exercise of due diligence, and will provide for continuity of counsel for the defendant.
So ordered.