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United States v. Mitchell

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 4, 2011
No. 11-0507 EJD (N.D. Cal. Nov. 4, 2011)

Opinion

No. 11-0507 EJD

11-04-2011

UNITED STATES OF AMERICA, Plaintiff, v. BARBARA MITCHELL, Defendant.

MELINDA HAAG (CABN 132612) United States Attorney MIRANDA KANE (CABN 150630) Chief, Criminal Division HANLEY CHEW (189985) Assistant United States Attorney Attorneys for Plaintiff


MELINDA HAAG (CABN 132612)

United States Attorney

MIRANDA KANE (CABN 150630)

Chief, Criminal Division

HANLEY CHEW (189985)

Assistant United States Attorney

Attorneys for Plaintiff

STIPULATION AND [PROPOSED]

ORDER EXCLUDING TIME FROM

NOVEMBER 3, 2011 TO DECEMBER

12, 2011, FROM CALCULATIONS

UNDER THE SPEEDY TRIAL ACT (18

U.S.C. § 3161)

On November 3, 2011, defendant Barbara Mitchell made her initial appearance before Magistrate Judge Howard R. Lloyd. Assistant Federal Public Defender Varell L. Fuller, Esq., appeared on behalf of the defendant. Assistant United States Attorney Hanley Chew appeared for the government. Judge Lloyd ordered the parties to appear before the Honorable Edward J. Davila on December 12, 2011 for a status conference in this matter.

The parties request that the Court enter this order documenting the exclusion of time from calculations under the Speedy Trial Act, 18 U.S.C. § 3161, from November 3, 2011 through December 12, 2011. The parties, including the defendant, stipulate as follows:

1. The defendant understands and agrees to the exclusion of time from calculations under the Speedy Trial Act, 18 U.S.C. § 3161, from November 3, 2011 through December 12, 2011, based upon the need for the defense counsel to investigate further the facts of the present case. The government has provided discovery in the present case and defense counsel needs time to review the discovery, evaluate further possible defenses and motions available to the defendant.

2. The attorney for defendant joins in the request to exclude time under the Speedy Trial Act, 18 U.S.C. § 3161, for the above reasons, and believes the exclusion of time is necessary for effective preparation of the defense; believes the exclusion is in the defendant's best interests; and further agrees that the exclusion under the Speedy Trial Act, 18 U.S.C. § 3161, should be from November 3, 2011 through December 12, 2011.

Given these circumstances, the parties believe, and request that the Court find, that the ends of justice are served by excluding from calculations the period from November 3, 2011 through December 12, 2011, outweigh the best interests of the public and the defendant in a speedy trial under the Speedy Trial Act, 18 U.S.C. § 3161(h)(8)(A) & (B)(iv).

IT IS SO STIPULATED.

VARELL L. FULLER

HANLEY CHEW

Assistant United States Attorney

[PROPOSED] ORDER

Having considered the stipulation of the parties, the Court finds that: (1) the defendant understands and agrees to the exclusion of time from calculations under the Speedy Trial Act, 18 U.S.C. § 3161, from November 3, 2011 through December 12, 2011 based upon the need for the defense counsel to investigate further the facts of the present case, review the discovery that the overnment has already provided and evaluate further possible defenses and motions available to the defendant; (2) the exclusion of time is necessary for effective preparation of the defense and is in the defendant's best interests; and (3) the ends of justice are served by excluding from calculations the period from November 3, 2011 through December 12, 2011.

Accordingly, the Court further orders that the time from November 3, 2011 through December 12, 2011 is excluded from time calculations under the Speedy Trial Act, 18 U.S.C. § 3161.

IT IS SO ORDERED.

THE HONORABLE HOWARD R. LLOYD

United States Magistrate Judge


Summaries of

United States v. Mitchell

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 4, 2011
No. 11-0507 EJD (N.D. Cal. Nov. 4, 2011)
Case details for

United States v. Mitchell

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. BARBARA MITCHELL, Defendant.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Nov 4, 2011

Citations

No. 11-0507 EJD (N.D. Cal. Nov. 4, 2011)