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United States v. Kennedy

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Mar 18, 2013
No. CR 12-00783 LHK (N.D. Cal. Mar. 18, 2013)

Opinion

No. CR 12-00783 LHK

03-18-2013

UNITED STATES OF AMERICA, Plaintiff, v. LEO JOSHUA KENNEDY, Defendant.

STEVEN G. KALAR Federal Public Defender DIANA A. GARRIDO Assistant Federal Public Defender Counsel for Defendant KENNEDY MELINDA HAAG United States Attorney JEFFREY B. SCHENK Assistant United States Attorney


STEVEN G. KALAR
Federal Public Defender
DIANA A. GARRIDO
Assistant Federal Public Defender
Counsel for Defendant KENNEDY

STIPULATION AND [PROPOSED]

ORDER CONTINUING HEARING DATE

AND EXCLUDING TIME UNDER THE

SPEEDY TRIAL ACT

The defendant, Leo Joshua Kennedy, represented by Assistant Federal Public Defender Diana A. Garrido, and the government, represented by Assistant United States Attorney Jeffrey B. Schenk, hereby stipulate that, with the Court's approval, the status conference currently set for Wednesday, March 20, 2013 at 9:00 a.m., shall be continued to Wednesday, April 17, 2013 at 9:00 a.m.

The continuance is requested to provide both defense counsel and the government with additional time to review discovery and to negotiate an appropriate resolution. The continuance would provide both parties with the reasonable time necessary for effective preparation. Accordingly, both parties respectfully request that the time between March 20, 2013 and April 17, 2013 be excluded under the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv).

STEVEN G. KALAR

Federal Public Defender

DIANA A. GARRIDO

Assistant Federal Public Defender

MELINDA HAAG

United States Attorney

JEFFREY B. SCHENK

Assistant United States Attorney

[PROPOSED] ORDER

Pursuant to agreement and stipulation of the parties, the Court HEREBY ORDERS that the status conference set for March 20, 2013 be continued to April 17, 2013. The Court FURTHER ORDERS that the time between March 20, 2013 and April 17, 2013 is excluded under the Speedy Trial Act, 18 U.S.C. §3161. The Court finds, pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv), that the failure to grant the requested continuance would unreasonably deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Furthermore, the Court finds that the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendant in a speedy trial. The Court therefore concludes that this exclusion of time should be made under 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv). IT IS SO ORDERED.

_______________

THE HONORABLE LUCY H. KOH

United States District Judge


Summaries of

United States v. Kennedy

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Mar 18, 2013
No. CR 12-00783 LHK (N.D. Cal. Mar. 18, 2013)
Case details for

United States v. Kennedy

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. LEO JOSHUA KENNEDY, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Mar 18, 2013

Citations

No. CR 12-00783 LHK (N.D. Cal. Mar. 18, 2013)