Opinion
No. CR 12-00708-EJD
05-09-2013
UNITED STATES OF AMERICA, Plaintiff, v. HOSSEIN DABESTANI, Defendants.
VARELL L. FULLER Assistant Federal Public Defender PETER B. AXELROD Assistant United States Attorney
STEVEN G. KALAR
Federal Public Defender
VARELL L. FULLER
Assistant Federal Public Defender
160 West Santa Clara Street, Suite 575
San Jose, CA 95113
Telephone: (408) 291-7753
Counsel for Defendant DABESTANI
STIPULATION AND [PROPOSED]
ORDER CONTINUING HEARING DATE
AND EXCLUDING TIME UNDER THE
SPEEDY TRIAL ACT
STIPULATION
Defendant Hossein Dabestani, by and through Assistant Federal Public Defender Varell L. Fuller, and the United States, by and through Assistant United States Attorney Peter B. Axelrod, hereby stipulate that, with the Court's approval, the status hearing currently set for Monday, May 13, 2013, at 1:30 p.m., shall be continued to Monday, August 5, 2013 at 1:30 p.m.
The reason for the continuance is the defense requested the government provide additional discovery in this matter, which the government has recently agreed to permit defense counsel to review at the United States Attorney's Office. Accordingly, defense counsel requires additional time to review the additional discovery and to effectively prepare.
For the foregoing reasons, the parties jointly request and agree to an exclusion of the time between May 13, 2013, and August 5, 2013, under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), for effective preparation by defense counsel.
IT IS SO STIPULATED.
____________________
VARELL L. FULLER
Assistant Federal Public Defender
____________________
PETER B. AXELROD
Assistant United States Attorney
[PROPOSED] ORDER
GOOD CAUSE APPEARING, upon stipulation of the parties, IT IS HEREBY ORDERED that the hearing currently set for Monday, May 13, 2013, shall be continued to Monday, August 5, 2013, at 1:30 p.m.
THE COURT FINDS that failing to exclude the time between May 13, 2013, and August 5, 2013, would unreasonably deny defense counsel 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 May 13, 2013, and August 5, 2013, 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 May 13, 2013, and August 5, 2013, 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 EDWARD J. DAVILA
United States District Court Judge