Opinion
No. CR 11-0664 EMC
10-28-2011
UNITED STATES OF AMERICA, Plaintiff, v. EBRAHIM SHABUDIN and THOMAS YU, Defendants.
MELINDA HAAG United States Attorney Adam A. Reeves Assistant United States Attorney James A. Lassart, Esq. Ropers, Majeski, Kohn & Bentley Counsel to Ebrahim Shabudin George J. Cotsirilos, Jr., Esq. Cotsirilos & Campisano, LLP Counsel to Thomas Yu
MELINDA HAAG (CABN 132612)
United States Attorney
J. DOUGLAS WILSON (DCBN 812411)
Acting Chief, Criminal Division
ADAM A. REEVES (NYBN 2363877)
Assistant United States Attorney
Attorneys for Plaintiff
STIPULATION AND [PROPOSED]-ORDER EXCLUDING TIME
WHEREAS, the United States intends to produce in excess of one million documents and other materials to counsel for the defendants;
WHEREAS, counsel for the defendants needs time to review the discovery;
WHEREAS, a failure to grant the continuance would deny defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and under the circumstances, the ends of justice served by a reasonable continuance outweigh the best interest of the public and the defendant in a speedy trial;
WHEREAS, defendants Ebrahim Shabudin and Thomas Yu both consent to the exclusion of time from October 20, 2011 to November 4, 2011;
THEREFORE, it is hereby stipulated by and between the parties, through their respective counsel of record, that the period of time from October 20, 2011 to November 4, 2011 shall be excluded in computing the time within which the trial of the offenses alleged in the Indictment must commence under Title 18, United States Code, Section 3161.
SO STIPULATED.
MELINDA HAAG
United States Attorney
Adam A. Reeves
Assistant United States Attorney
James A. Lassart, Esq.
Ropers, Majeski, Kohn & Bentley
Counsel to Ebrahim Shabudin
George J. Cotsirilos, Jr., Esq.
Cotsirilos & Campisano, LLP
Counsel to Thomas Yu
[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED that:
The ends of justice are served by finding that a continuance from October 20, 2011 to November 4, 2011 outweighs the best interests of the public and the defendant in a speedy trial and the prompt disposition of criminal cases and the Court concludes that the exclusion of time from October 20, 2011 until November 4, 2011 should be made under Title 18, United States Code, Sections 3161(h)(7)(B)(iv).
Hon. Timothy J. Bommer
United States Magistrate Judge