Opinion
MELINDA HAAG, United States Attorney, DAVID R. CALLAWAY, Chief, Criminal Division, SARAH HAWKINS, Assistant United States Attorney, San Francisco, California, Attorneys for United States of America.
GEORGE BOISSEAU, Counsel for Erwin Mackey.
STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM OTHERWISE APPLICATION SPEEDY TRIAL ACT CALCULATION
WILLIAM H. ALSUP, District Judge.
STIPULATION
IT IS HEREBY STIPULATED by the parties, through undersigned counsel, that:
1. The parties appeared before the Court on July 28, 2015 at 2:00 p.m. for a status hearing. Mr. Mackey was present and represented by new counsel, Dena Young, who was specially appearing for Goeroge Boisseau. Assistant United States Attorney Sarah Hawkins appeared for the Government. Because of the appointment of new counsel, the parties requested a continuance of the matter, with time excluded for effective preparation of counsel.
2. Accordingly, with the parties' agreement as to the new date, the Court scheduled another status hearing for September 1, 2015, 2:00 p.m., with the understanding that the parties would submit a Stipulation and Proposed Order excluding time.
3. The parties now formalize their request for a continuance of this matter to September 1, 2015 at 2:00 p.m. for a status conference, and respectfully submit and agree that the period from July 28, 2015 through and including September 1, 2015 should be excluded from the otherwise applicable Speedy Trial Act computation because the continuance is necessary for effective preparation of counsel, taking into account the exercise of due diligence.
4. The parties concur that granting the exclusion would allow the reasonable time necessary for effective preparation of counsel and continuity of counsel. See 18 U.S.C. §3161(h)(7)(B)(iv). The parties also agree that the ends of justice served by granting such an exclusion of time for the purposes of effective preparation of counsel outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).
IT IS SO STIPULATED.
[PROPOSED] ORDER
Upon the stipulation of the parties, and good cause being found, IT IS HEREBY ORDERED that the period from July 28, 2015 through and including September 1, 2015 is excluded from the otherwise applicable Speedy Trial Act computation, pursuant to 18 U.S.C. § 3161(h)(7)(A) & (B)(iv).
IT IS SO ORDERED.