Opinion
CR No. 11-MJ-70677-MAG
10-06-2011
UNITED STATES OF AMERICA, Plaintiff, v. CRISTINA DELORES PATINO, Defendant.
MELINDA HAAG (CABN 132612) United States Attorney MIRANDA KANE (CABN 150630) Chief, Criminal Division TAREK HELOU (CABN 218225) Assistant United States Attorney Attorneys for the United States of America
MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
TAREK HELOU (CABN 218225)
Assistant United States Attorney
Attorneys for the United States of America
STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME UNDER FED. R. CRIM. P. 5.1 & 18 U.S.C. § 3161 AND CONTINUING STATUS CONFERENCE
CURRENT DATE: October 7, 2011
CURRENT TIME: 9:30 a.m.
PROPOSED DATE: October 20, 2011
PROPOSED TIME: 9:30 a.m.
On June 16, 2011, the defendant was arrested based on a warrant issued upon a Criminal Complaint pending in the Eastern District of Virginia. That case is pending in the Eastern District of Virginia, case number 11-MJ-455. The defendant is out of custody.
The parties anticipate that they will consent to the disposition of the case in the Northern District of California, where the defendant was arrested and is on bond and pretrial supervision. The parties also anticipate that the defendant will consent to proceed by information instead of indictment and waive trial in the Northern District of California. The parties are diligently preparing the necessary paperwork, which has taken some time.
Therefore, the parties stipulate and jointly request that, pursuant to Federal Rule of Criminal Procedure ("FRCP") 5.1(d), the time limits set forth in FRCP 5.1(c) be excluded from October 7, 2011 through October 20, 2011. The parties agree that, taking into account the public interest in prompt disposition of criminal cases, good cause exists for this extension. The parties also request that time be excluded under the Speedy Trial Act from October 7, 2011 through October 20, 2011 because the defendant needs additional time to review discovery and to conduct necessary investigation. The parties also request that the Court continue the status conference scheduled for October 7, 2011 at 9:30 a.m. to October 20, 2011 at 9:30 a.m STIPULATED:
MELINDA HAAG
United States Attorney
TAREK HELOU
Assistant United States Attorney
ELLEN LEONIDA
Attorney for Defendant Cristina Delores Patino
For the reasons stated above, the Court finds that exclusion of time from October 7, 2011 through October 20, 2011 is warranted and that the ends of justice served by the continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. §3161 (h)(7)(A); FRCP 5.1(d). The failure to grant the requested continuance would deny the defendant effective preparation of counsel, and would result in a miscarriage ofjustice. 18 U.S.C. §3161(h)(7)(B)(iv). SO ORDERED.
LAUREL BEELER
United States Magistrate Judge