Opinion
No. CR 11-0626 EMC
10-26-2011
UNITED STATES OF AMERICA, Plaintiff, v. EDUARDO LOPEZ HERNANDEZ, Defendant.
MELINDA HAAG (CABN 132612) United States Attorney MIRANDA KANE (CABN 150630) Chief, Criminal Division LOWELL C. POWELL (CABN 235446) Special Assistant United States Attorney Attorneys for the United States of America
MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
LOWELL C. POWELL (CABN 235446)
Special Assistant United States Attorney
Attorneys for the United States of America
STIPULATION AND [PROPOSED]
ORDER EXCLUDING TIME UNDER 18
U.S.C. § 3161
On September 28, 2011, the parties in this case appeared before the Court. At that time, the Court set the matter to November 30, 2011. The parties have agreed to exclude the period of time between September 28, 2011 and November 30, 2011, 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 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
LOWELL C. POWELL
Special Assistant United States Attorney
RONALD TYLER
Attorney for EDUARDO LOPEZ HERNANDEZ
[PROPOSED] ORDER
For the reasons stated above and at the September 28, 2011 hearing, the Court finds that the exclusion from the time limits applicable under 18 U.S.C. § 3161 of the period from September 28, 2011 through November 30, 2011 is warranted and that 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). Denying the requested exclusion of time would deprive the parties of the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. §3161(h)(7)(B)(iv).
IT IS SO ORDERED.