Opinion
No. CR 11-0467 EMC
10-27-2011
MELINDA HAAG United States Attorney SUSAN PHAN Special Assistant U.S. Attorney STEVEN KALAR Attorney for JUAN HERNANDEZ-IBARRA
MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
SUSAN PHAN (CABN 241637)
Special Assistant United States Attorney
Attorneys for the Plaintiffs
STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME UNDER 18 U.S.C. § 3161
The defendant appeared before this Court on September 28, 2011. The defense requested that this matter be continued to October 26, 2011. The parties have agreed to exclude the period of time between September 28, 2011 to October 26, 2011, from any time limits applicable under 18 U.S.C. § 3161. Defense counsel represented that granting the exclusion would allow the reasonable time necessary for effective preparation. 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
STEVEN KALAR
Attorney for JUAN HERNANDEZ-IBARRA
[PROPOSED] ORDER
For the reasons stated above at the September 28, 2011 status conference, the Court finds that the exclusion from the time limits applicable under 18 U.S.C. § 3161 of the period from September 28 to October 26, 2011 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.
EDWARD M. CHEN
United States District Judge