Opinion
No. 4:11-MJ-70677-MAG
11-02-2011
UNITED STATES OF AMERICA, Plaintiff, v. CRISTINA DELORES PATINO, Defendant.
MELINDA HAAG United States Attorney TAREK HELOU Assistant United States Attorney ELLEN LEONIDA Attorney for Defendant Cristina Delores Patino
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 ORDER EXCLUDING
TIME UNDER FED. R. CRIM. P. 5.1 & 18
U.S.C. § 3161 AND CONTINUING STATUS
CONFERENCE
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 November 3, 2011 through December 1, 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 November 3, 2011 through December 1, 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 November 3, 2011 at 9:30 a.m. to December 1, 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 November 3, 2011 through December 1, 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 of justice. 18 U.S.C. §3161(h)(7)(B)(iv).
The Court also vacates the current status conference, set for November 3, 2011 at 9:30 a.m. and sets a new status conference on December 1, 2011 at 9:30 a.m.
THE HONORABLE DONNA RYU
United States Magistrate Judge