Opinion
KEVIN V. RYAN United States Attorney MARK L. KROTOSKI Chief, Criminal Division TIMOTHY J. LUCEY Assistant United States Attorney San Francisco, California Attorneys for United States of America
[PROPOSED] ORDER EXCLUDING TIME FROM DECEMBER 13, 2006 TO JANUARY 31, 2007 FROM THE SPEEDY TRIAL ACT CALCULATION [18 U.S.C. § 3161(h)(8)(A), (B)]
CHARLES R. BREYER, District Judge.
With the agreement of the parties, and with the consent of the defendant, the Court enters this order continuing the matter for change of plea from January 31, 2007 until February 14, 2007, at 2:15 p.m. before this Court as well as documenting the exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161(b), from January 31, 2007, to February 14, 2007. The parties agree, and the Court finds and holds, as follows:
1. The defendant is out of custody and continues to reside in Sonoma County.
2. The defendant agrees to an exclusion of time under the Speedy Trial Act based upon the need for the parties to exchange and analyze additional information and discovery and continue to finalize the terms of a plea agreement to the pending information. In particular, the parties are continuing to analyze evidence relative to the amount of marijuana plants that can be reasonably tied to the defendant's conduct as part of a wider conspiracy. This analysis will effect the defendant's culpability and exposure under the Sentencing Guidelines. Such discussion between the parties is critical to the parties' efforts to resolve this matter short of trial and/or a contested hearing on the issue of drug weight and drug amounts. The parties believe that a short, two-week continuance will allow the parties to either resolve this issue or permit the parties to submit the issue to the Court for a hearing as part of a negotiated plea.
4. The Court finds that, given these circumstances, the Court finds that the ends of justice served by excluding the period from January 31, 2007, to February 14, 2007, outweigh the best interest of the public and the defendant in a speedy trial and ensure effective preparation of counsel. Id . § 3161(h)(8)(A) and (B).
5. Accordingly, and with the consent of the defendant, the Court (1) continues the matter until February 14, 2007 before this Court at 2:15 p.m.; and (2) orders that the period from January 31, 2007 to February 14, 2007, be excluded under Speedy Trial Act calculations under 18 U.S.C. § 3161(h)(8)(A)&(B)(iv).
STIPULATED:
IT IS SO ORDERED.