From Casetext: Smarter Legal Research

United States v. Lebon

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
Mar 26, 2013
CR 12-00775 YGR (N.D. Cal. Mar. 26, 2013)

Opinion

CR 12-00775 YGR

03-26-2013

UNITED STATES OF AMERICA, Plaintiff, v. BRITTANY LEBON, Defendant.

ELLEN V. LEONIDA Assistant Federal Public Defender Counsel for defendant BRITTANY LEBON MAUREEN BESSETTE Special Assistant United States Attorney


STEVEN G. KALAR
Federal Public Defender
ELLEN V. LEONIDA
Assistant Federal Public Defender
Counsel for Defendant
BRITTANY LEBON

STIPULATION TO CONTINUANCE AND EXCLUSION OF TIME UNDER THE SPEEDY TRIAL ACT, 18 U.S.C. § 3161 ET. SEQ.; ORDER

IT IS HEREBY STIPULATED AND AGREED, between the parties to this action, that the status hearing date of March 28, 2013, presently scheduled at 2:00 p.m. before the Honorable Yvonne Gonzalez Rogers, be vacated and the matter be re-set for May 2, 2013.

The requested continuance is necessary because defense counsel previously issued subpoenas for records relevant to determining the loss amount in this case. Some of the entities have responded with records; those records are in excess of 1300 pages. One of the entities misunderstood the subpoena and requires additional time to comply. Review and evaluation of the subpoenaed records is necessary in order to determine the applicable sentencing guidelines. Additionally, defense counsel inadvertently scheduled this appearance for a day that she was scheduled to be out of town.

The parties agree that the delay is not attributable to lack of diligent preparation on the part of the attorney for the government or defense counsel. For these reasons, the parties stipulate that the time between March 28, 2013 and May 2, 2013 be excluded under 18 U.S.C. §3161(h)(7)(A) and 18 U.S.C. §3161(h)(7)(B)(iv), because the ends of justice served by the granting of the continuance outweigh the bests interests of the public and the defendant in a speedy and public trial. The continuance is necessary to afford the Defendant effective preparation of counsel and continuity of counsel.

________

ELLEN V. LEONIDA

Assistant Federal Public Defender

Counsel for defendant BRITTANY LEBON

________

MAUREEN BESSETTE

Special Assistant United States Attorney

ORDER

GOOD CAUSE HAVING BEEN SHOWN, the court finds that the ends of justice served by the granting of the continuance outweigh the bests interests of the public and the defendant in a speedy and public trial. The continuance is necessary to accommodate counsel's preparation efforts and continuity of counsel. Based on these findings, IT IS HEREBY ORDERED THAT the above-captioned matter is continued to May 2, 2013 at 2:00 p.m., before the Honorable Yvonne Gonzalez Rogers, and that time is excluded from March 28, 2013 to May 2, 2013 pursuant to 18 U.S.C. § 3161(h)(7)(a) and 18 U.S.C. §3161(h)(7)(B)(iv).

IT IS SO ORDERED.

________

HON. YVONNE GONZALEZ ROGERS

UNITED STATES DISTRICT JUDGE


Summaries of

United States v. Lebon

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
Mar 26, 2013
CR 12-00775 YGR (N.D. Cal. Mar. 26, 2013)
Case details for

United States v. Lebon

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. BRITTANY LEBON, Defendant.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

Date published: Mar 26, 2013

Citations

CR 12-00775 YGR (N.D. Cal. Mar. 26, 2013)