Opinion
No. CR 11-0732 RS
10-27-2011
UNITED STATES OF AMERICA, Plaintiff, v. GIL RIVAS-APARICIO, Defendant.
MELINDA HAAG (CABN 132612) United States Attorney MIRANDA KANE (CABN 150630) Chief, Criminal Division SUSAN PHAN (CABN 241637) Special Assistant United States Attorney Attorneys for the Plaintiffs
MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
SUSAN PHAN (CABN 241637)
Special Assistant United States Attorney
Attorneys for the Plaintiffs
STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME UNDER 18 U.S.C. § 3161
The defendant appeared for his first status conference before this Court on October 25, 2011. The defense requested that this matter be continued to November 15, 2011. Defense counsel needs additional time to review the discovery. The Government did not object to the continuance. The parties have agreed to exclude the period of time between October 25, 2011 to November 15, 2011, from any time limits applicable under 18 U.S.C. § 3161. Defense counsel represented that granting the exclusion would allow the reasonable time necessary for effective preparation. See 18 U.S.C. § 3161(h)(7)(B)(iv). The parties also agree that good cause exists, and 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
SUSAN PHAN
Special Assistant U.S. Attorney
CHRISTOPHER F. MORALES
Attorney for GIL RIVAS-APARICIO
[PROPOSED] ORDER
For the reasons stated above at the October 25, 2011 status conference, the Court finds that the exclusion from the time limits applicable under 18 U.S.C. § 3161 of the period from October 25, 2011 to November 15, 2011 is warranted and that good cause exists, and 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).
IT IS SO ORDERED.
RICHARD SEEBORG
United States District Judge