Opinion
NO. CR 13-0208 WHA
05-09-2013
UNITED STATES OF AMERICA, Plaintiff, v. DANIEL GARCIA MARTINEZ, Defendant.
MELINDA HAAG United States Attorney LAURA VARTAIN HORN Assistant United States Attorney BRANDON LEBLANC Assistant Federal Public Defender Attorney for Daniel Garcia Martinez
MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
LAURA VARTAIN HORN (CABN 258485)
Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: (415) 436-6831
Fax: (415) 436-7234
Email: Laura.VartainHorn@usdoj.gov
Attorneys for the United States
STIPULATION AND [PROPOSED] ORDER
EXCLUDING TIME FROM MAY 7, 2013 TO MAY 21, 2013
On May 7, 2013, the parties in this case appeared before the Court. At that time, the Court set the matter to May 21, 2013. For the reasons stated during the hearing, the parties have agreed to exclude the period of time between May 7, 2013 and May 21, 2013 for any time limits applicable under 18 U.S.C. § 3161. The parties represented that granting the exclusion of time would allow the reasonable time necessary for effective preparation of counsel. 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 outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). At the hearing, the Court made findings consistent with this agreement. SO STIPULATED:
MELINDA HAAG
United States Attorney
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LAURA VARTAIN HORN
Assistant United States Attorney
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BRANDON LEBLANC
Assistant Federal Public Defender Attorney for Daniel Garcia Martinez
[PROPOSED] ORDER
For the reasons stated above and at the May 7, 2013, hearing, the Court finds that failing to exclude the time between May 7, 2013 and May 21, 2013 would deny counsel 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 May 7, 2013 and May 21, 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 May 7, 2013 and May 21, 2013, shall be excluded from computation under the Speedy Trial Act. 18 U.S.C. § 3161(h)(7)(B)(iv).
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THE HONORABLE WILLIAM H. ALSUP
UNITED STATES DISTRICT JUDGE