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United States v. Kalyuzhnyy

United States District Court, Ninth Circuit, California, E.D. California
Mar 26, 2015
2:13-CR-00131-MCE (E.D. Cal. Mar. 26, 2015)

Opinion

          Michael E. Hansen, Attorney-at-Law, Sacramento, CA, Attorney for Defendant VALERI KALYUZHNYY.

          Michael E. Hansen, Attorney for Defendants, BRANDON ROBERTS.

          BENJAMIN B. WAGNER, United States Attorney, JARED DOLAN, Assistant U.S. Attorney, Attorney for Plaintiff.


          STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE, AND TO EXCLUDE TIME PURSUANT TO THE SPEEDY TRIAL ACT

          MORRISON C. ENGLAND, Jr., Chief District Judge.

         IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Jared Dolan, Assistant United States Attorney, attorney for plaintiff, and Michael E. Hansen, attorney for defendant Valeri Kalyuznyy, that the previously-scheduled status conference date of March 26, 2015, be vacated and the matter set for status conference on May 7, at 9:00 a.m.

         This continuance is requested because the parties are engaged in ongoing settlement negotiations.

         The Government concurs with this request.

         Further, the parties agree and stipulate the ends of justice served by the granting of such a continuance outweigh the best interests of the public and the defendants in a speedy trial and that time within which the trial of this case must be commenced under the Speedy Trial Act should therefore be excluded under 18 U.S.C. section 3161(h)(7)(B)(iv), corresponding to Local Code T4 (to allow defense counsel time to prepare), from the date of the parties' stipulation, March 26, 2015, to and including May 7, 2015.

         Accordingly, the parties respectfully request the Court adopt this proposed stipulation.

         IT IS SO STIPULATED.

          ORDER

         The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. Based on the stipulation of the parties and the recitation of facts contained therein, the Court finds that it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in 18 U.S.C. section 3161. In addition, the Court specifically finds that the failure to grant a continuance in this case would deny defense counsel to this stipulation reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and the defendants in a speedy trial.

         The Court orders that the time from the date of the parties' stipulation, March 26, 2015, to and including May 7, 2015, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. section 3161(h)(7)(B)(iv), and Local Code T4 (reasonable time for defense counsel to prepare). It is further ordered that the March 26, 2015, status conference shall be continued until May 7, 2015, at 9:00 a.m.

         IT IS SO ORDERED.


Summaries of

United States v. Kalyuzhnyy

United States District Court, Ninth Circuit, California, E.D. California
Mar 26, 2015
2:13-CR-00131-MCE (E.D. Cal. Mar. 26, 2015)
Case details for

United States v. Kalyuzhnyy

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. VALERI KALYUZHNYY, Defendant.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Mar 26, 2015

Citations

2:13-CR-00131-MCE (E.D. Cal. Mar. 26, 2015)