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