Opinion
No. CR 12-855 WHA
05-01-2013
UNITED STATES OF AMERICA, Plaintiff, v. VITO SCHERMA, Defendant.
JEFFREY BORNSTEIN K&L GATES LLP Counsel for Defendant Vito Scherma MELINDA HAAG HARTLEY M. K. WEST Assistant U.S. Attorney
MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
HARTLEY M. K. WEST (CABN 191609)
Assistant United States Attorney
450 Golden Gate Ave., Box 36055
San Francisco, California 94102
Telephone: (415) 436-7200
Fax: (415) 436-7234
E-Mail: hartley.west@usdoj.gov
Attorneys for the United States of America
STIPULATION AND [PROPOSED]
ORDER EXCLUDING TIME FROM
APRIL 23, 2013, THROUGH
JULY 29, 2013
The defendant, VITO SCHERMA, represented by Jeffrey Bornstein, and the government, represented by Assistant United States Attorney Hartley West, appeared before the Court for status on April 23, 2013. The Court scheduled the trial for July 29, 2013; the pretrial conference for July 22, 2013; the motions hearing for June 11, 2013; and motion filing deadline for May 14, 2013. The defense agreed to exclude time under the Speedy Trial Act between April 23 and July 29, 2013, for effective preparation of defense counsel. The government and the Court concurred.
Based upon the representation of counsel and for good cause shown, the Court finds that failing to exclude the time between April 23 and July 29, 2013, would unreasonably deny defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). The Court further finds that the ends of justice served by excluding the time between April 23 and July 29, 2013, from computation under the Speedy Trial Act outweigh the best interests of the public and the defendant in a speedy trial.
Therefore, IT IS HEREBY ORDERED that the time between April 23 and July 29, 2013, shall be excluded from computation under the Speedy Trial Act. 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
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HON. WILLIAM H. ALSUP
United States District Judge
Approved as to form:
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JEFFREY BORNSTEIN
K&L GATES LLP
Counsel for Defendant Vito Scherma
MELINDA HAAG
______________
HARTLEY M. K. WEST
Assistant U.S. Attorney