Opinion
Criminal No.: CR-13-00138
05-02-2013
UNITED STATES OF AMERICA, Plaintiff, v. JESUS GARZA, Defendant.
MELINDA HAAG (CAS 132612) United States Attorney MIRANDA KANE (CA 150630) Chief, Criminal Division ROBERT K. PRUITT (KY 93232) Special Assistant United States Attorney Attorneys for Plaintiff
MELINDA HAAG (CAS 132612)
United States Attorney
MIRANDA KANE (CA 150630)
Chief, Criminal Division
ROBERT K. PRUITT (KY 93232)
Special Assistant United States Attorney
Attorneys for Plaintiff
STIPULATION AND [PROPOSED]
ORDER EXCLUDING TIME
On April 1, 2013, the parties in this case appeared before the Court for an initial appearance. The parties jointly requested that the case be continued until June 3, 2013 at 9:30 a.m., in order to allow counsel reasonable time necessary for effective preparation. In addition, the parties request an exclusion of time under the Speedy Trial Act, from April 1, 2013 to June 3, 2013 at 9:00 a.m. The parties agree and stipulate that an exclusion of time is appropriate based on the defendant's need for effective preparation of counsel. SO STIPULATED:
MELINDA HAAG
United States Attorney
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ROBERT K. PRUITT
Special Assistant United States Attorney
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MANUEL ARAUJO
Counsel for the Defendant
ORDER
Accordingly, for good cause shown, the Court HEREBY ORDERS that time be excluded under the Speedy Trial Act from April 1, 2013 to June 3, 2013. The Court finds, based on the aforementioned reasons, that the ends of justice are served by granting the requested continuance and outweigh the best interest of the public and the defendant in a speedy trial. The failure to grant the requested continuance would deny the parties reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and would result in a miscarriage of justice. The Court therefore concludes that this exclusion of time should be made under 18 U.S.C. §3161(h)(7)(A) and (B)(iv). SO ORDERED.
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HOWARD R. LLOYD
United States Magistrate Judge