Opinion
CASE NO: CR11-00589- RMW
03-14-2013
UNITED STATES OF AMERICA, Plaintiff, v. LINDA CHEN MAI and JENNY G. MA, Defendants.
MELINDA HAAG United States Attorney GARY FRY Assistant United States Attorney JERRY FONG Counsel for Jenny Ma MICHELLE D. SPENCER Counsel for Linda Mai
MICHELLE D. SPENCER, CBN 164696
LAW OFFICE OF MICHELLE D. SPENCER
55 River Street, Suite 100
Santa Cruz, CA 95060
Tel: 831 458 0502
Fax: 831 515 5053
Attorney for Linda Mai
STIPULATION AND [] ORDER
CONTINUING STATUS CONFERENCE TO
APRIL 15, 2013 AND EXCLUDING TIME
UNDER THE SPEEDY TRIAL ACT
The parties, by and through their respective counsel, hereby stipulate, subject to the Court's approval, that the status conference currently scheduled for March 18, 2013 be continued to April 15, 2013 at 9:00 a.m. for further status.
The parties further stipulate that time should be excluded under the Speedy Trial Act from March 18, 2013 through April 15, 2013. The parties are in the midst of resolving the case. Due to government counsel's schedule and caseload, the parties stipulate to an exclusion of time based upon the need for continuity of government counsel.
IT IS SO STIPULATED.
MELINDA HAAG
United States Attorney
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GARY FRY
Assistant United States Attorney
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JERRY FONG
Counsel for Jenny Ma
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MICHELLE D. SPENCER
Counsel for Linda Mai
[] ORDER
GOOD CAUSE APPEARING, and upon the stipulation of the parties,
IT IS HEREY ORDERED that the status conference currently scheduled for both defendants on March 18, 2013 shall be continued to April 15, 2013, at 9:00 a.m. for further status.
FURTHER, the Court finds that failing to exclude the time between March 18, 2013 and April 15, 2013, would unreasonably deny the government continuity of counsel pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv). The ends of justice served by excluding the time between March 18, 2013 and April 15, 2013, from computation under the Speedy Trial Act outweigh the interests of the public and the defendant in a speedy trial.
IT IS FURTHER ORDERED that the time between March 18, 2013 and April 15, 2013, shall be excluded from computation under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), and (B)(iv), and 18 U.S.C. § 3161(h)(1)(D).
IT IS SO ORDERED.
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THE HONORABLE RONALD M. WHYTE
United States District Judge