Opinion
No. CR 13-215 MAG
05-01-2013
UNITED STATES OF AMERICA, Plaintiff, v. CHARLES MANUEL, Defendant.
MELINDA HAAG (CABN 132612) United States Attorney MIRANDA KANE (CABN 150630) Chief, Criminal Division HEATHER M. MELTON (CABN 260870) Assistant United States Attorney Attorneys for Plaintiff
MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
HEATHER M. MELTON (CABN 260870)
Assistant United States Attorney
Attorneys for Plaintiff
STIPULATION AND [PROPOSED]
ORDER EXCLUDING TIME FROM
APRIL 23, 2013 TO MAY 23， 2013
The defendant, CHARLES MANUEL, represented by RITA BOSWORTH, Assistant Federal Public Defender, and the government, represented by HEATHER M. MELTON, Special Assistant United States Attorney, stipulate that time should be excluded from April 23, 2013 to May 23, 2013 from the Speedy Trial Clock.
The parties appeared before the Court on April 19, 2013. Defendant was arraigned and a not guilty plea was entered. The government produced discovery to defense counsel on April 23, 2013. The parties jointly requested to appear before the Court on May 23, 2013 for a status hearing. Based on the parties' request, the matter was continued to May 23, 2013 at 9:30 a.m. before Judge James.
The parties now jointly request that time be excluded under the Speedy Trial Clock from April 23, 2013 to May 23, 2013. Although many petty offenses and misdemeanors are not subject to the Speedy Trial Act, the charged offense is a Class A Misdemeanor, which does fall under the Speedy Trial Act requirements. 18 U.S.C. § 3172(2) (2013). The parties request that time be excluded based upon the need for effective preparation of counsels, pursuant to Title 18 United States Code, Section 3161(h)(7)(B)(iv). The government has produced discovery to defense counsel and defense counsel requires time to review it personally and with her client.
Respectfully submitted,
MELINDA HAAG
United States Attorney
By___________________________
HEATHER M. MELTON
Special Assistant U.S. Attorney
By___________________________
RITA BOSWORTH
Assistant Federal Public Defender
[PROPOSED] ORDER
Based upon the representations of counsels and for good cause shown, the Court finds that failing to exclude the time between April 23, 2013 and May 23, 2013 would unreasonably deny counsels the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). The Court further finds that the ends of justice served by excluding the time between April 23, 2013 and May 23, 2013 from computation under the Speedy Trial Act outweigh the best interests of the public and the defendant in a speedy trial. Therefore, IT IS HEREBY ORDERED that the time between April 23, 2013 and May 23, 2013 shall be excluded from computation under the Speedy Trial Act. 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
________________________
HON. MARIA ELENA JAMES
United States Magistrate Judge