From Casetext: Smarter Legal Research

United States v. Le

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 29, 2011
CR 10-00731 LHK (N.D. Cal. Nov. 29, 2011)

Opinion

CR 10-00731 LHK

11-29-2011

UNITED STATES OF AMERICA, Plaintiff, v. KENNETH NGUYEN HAI LE, Defendant.

THOMAS FERRITO Counsel for Defendant MICHELLE J. KANE Assistant United States Attorney


MELINDA HAAG (CABN 132612)

United States Attorney

MIRANDA KANE (CABN 150630)

Criminal Chief

MICHELLE J. KANE (CABN 210579)

Assistant United States Attorney

Attorneys for Plaintiff

STIPULATION AND [PROPOSED]

ORDER CONTINUING STATUS CONFERENCE

AND DOCUMENTING EXCLUSION OF TIME

The defendant, Kenneth Nguyen Hai Le, and the government together respectfully stipulate as follows:

1. A status conference is currently scheduled in this matter on November 30, 2011 at 10:00 a.m. The purpose of the status conference is advise the Court as to the status of a potential disposition of the case;
2. The parties hereby advise the Court that the parties are continuing to confer over a potential disposition. The disposition includes a restitution award and the defense needs additional time to investigate the restitution issue.

Accordingly, the parties request a continuance of the status conference for this purpose. Counsel for defendant is unavailable December 7, 2011, and counsel for the government is unavailable December 14, 2011. The parties therefore jointly request that the Court set the matter for change of plea or status conference on December 21, 2011, at 10:00 a.m. The parties jointly request that the Court exclude the period of time between November 30, 2011, and December 21, 2011, under the Speedy Trial Act for effective preparation of counsel See 18 U.S.C. §§ 3161(h)(7)(A) and (b)(iv).

IT IS SO STIPULATED.

THOMAS FERRITO

Counsel for Defendant

MICHELLE J. KANE

Assistant United States Attorney

ORDER

The Court finds that, taking into the account the public interest in the prompt disposition of criminal cases, granting the continuance until December 21, 2011, is necessary for effective preparation of defense counsel. See 18 U.S.C. § 3161(h)(7)(B)(iv). Given these circumstances, the Court finds that the ends of justice served by excluding the period from November 30, 2011, to December 21, 2011, outweigh the best interest of the public and the defendant in a speedy trial. Id. § 3161(h)(7)(A).

Accordingly, and with the consent of the defendant, the Court (1) sets a hearing on December 21, 2011, at 10:00 a.m. and (2) orders that the period from November 30, 2011, to December 21, 2011, be excluded from Speedy Trial Act calculations under 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv).

IT IS SO ORDERED.

LUCY H. KOH

United States District Judge


Summaries of

United States v. Le

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 29, 2011
CR 10-00731 LHK (N.D. Cal. Nov. 29, 2011)
Case details for

United States v. Le

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. KENNETH NGUYEN HAI LE, Defendant.

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

Date published: Nov 29, 2011

Citations

CR 10-00731 LHK (N.D. Cal. Nov. 29, 2011)