Opinion
No. CR 11-00090-DLJ
11-03-2011
UNITED STATES OF AMERICA, Plaintiff, v. MIGUEL FABIAN MELCHOR Defendant.
MELINDA HAAG United States Attorney JOHN N. GLANG Assistant United States Attorney ALLEN H. SCHWARTZ Attorney for defendant Miguel Fabian Melchor
MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
JOHN N. GLANG (GUAMBN 94012)
Assistant United States Attorney
Attorneys for the United States of America
STIPULATION AND [PROPOSED]
ORDER EXCLUDING TIME UNDER
SPEEDY TRIAL ACT
The above-captioned defendant and the United States of America, by and through their counsel of record, hereby agree and stipulate that the court may exclude the period of time from the date of the defendant's initial appearance with counsel before United States Magistrate Judge Howard R. Lloyd on October 28, 2011 through and including February 7, 2012, from the computation of the period of time within which the trial must commence for the reasons set forth the proposed order below.
MELINDA HAAG
United States Attorney
JOHN N. GLANG
Assistant United States Attorney
ALLEN H. SCHWARTZ
Attorney for defendant Miguel Fabian Melchor
[PROPOSED] ORDER
Pursuant to Title 18, United States Code, Section 3161 (h)(7)(B)(iv), and the stipulation of the parties, the court excludes the period of time from October 28, 2011, through and including February 7, 2011, from the computation of the period of time within which the trial must commence. The court FINDS that the ends of justice served by the delay outweigh the best interest of the public and the defendant in a speedy trial. The court bases this finding on the need of counsel for the defendant to review voluminous discovery in this case that is about to be provided to him by the government and to afford counsel the reasonable time necessary for effective preparation, within the meaning of 18 U.S.C. Section 3161 (h)(7)(B)(iv).
IT IS SO ORDERED.
HOWARD R. LLOYD
United States Magistrate Judge
Northern District of California