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United States v. Singh

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
Nov 2, 2011
No. CR11-71127 MAG (LB) (N.D. Cal. Nov. 2, 2011)

Opinion

No. CR11-71127 MAG (LB)

11-02-2011

UNITED STATES OF AMERICA, Plaintiff, v. HELEN JEAN SINGH SINGH, Defendant.

MELINDA HAAG (CABN 132612) United States Attorney MIRANDA KANE (CABN 150630) Chief, Criminal Division ANDREW S. HUANG (CABN 193730) Assistant United States Attorney Attorneys for Plaintiff HELEN JEAN SINGH EDWIN PRATHER, Esq. Counsel for Helen Jean Singh


MELINDA HAAG (CABN 132612)

United States Attorney

MIRANDA KANE (CABN 150630)

Chief, Criminal Division

ANDREW S. HUANG (CABN 193730)

Assistant United States Attorney

Attorneys for Plaintiff

STIPULATION OF THE RE WAIVER OF TIME FOR PRELIMINARY HEARING DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT AND [PROPOSED] ORDER

The parties appeared before the Court on November 2, 2011 for a hearing concerning detention and conditions of release. The defendant hereby waives time for a preliminary hearing under Federal Rule of Criminal Procedure 5.1(c) and the parties hereby stipulate and move the Court for an Order excluding time under the Speedy Trial Act through the next hearing date, Dec 2, 2011.

Counsel for the defendant believes that postponing the preliminary hearing is in his client's best interest and that it is not in his client's best interest for the United States to present an indictment before the otherwise required preliminary hearing date. The parties agree that -taking into account the public interest in prompt disposition of criminal cases - good cause exists for this extension. For defendants who are in custody, Federal Rule of Criminal Procedure 5.1(c) permits the Court to hold a preliminary hearing no later than 14 days after the defendant's initial appearance. For defendants who are not in custody, Federal Rule of Criminal Procedure 5.1(c) permits the Court to hold a preliminary hearing no later than 21 days after the defendant's initial appearance. The defendant agrees to waive the time for preliminary hearing under Rule 5.1(c).

The Speedy Trial Act requires that an information or indictment be filed within 30 days of a defendant's arrest. 18 U.S.C. § 3161(b). In this case, the defendant also agrees to toll and to waive, for purposes of the Speedy Trial Act, the period from this date to the next hearing date, Dec 2, 2011. The parties agree and stipulate that the delay resulting from this continuance serves the ends of justice and that such action outweighs the best interest of the public and the defendant in a speedy trial. Specifically, defense counsel, who assumed representation of the defendant in this case on October 6, 2011, is investigating and obtaining information about this case. The government is providing some pre-indictment discovery. The parties therefore stipulate that an exclusion of time under the Speedy Trial Act for continuity of counsel and effective preparation of counsel is warranted pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).

SO STIPULATED.

HELEN JEAN SINGH

EDWIN PRATHER, Esq.

Counsel for Helen Jean Singh

MELINDA HAAG

United States Attorney

ANDREW S. HUANG

Assistant United States Attorney

[PROPOSED] ORDER

The Court finds, based on the record and the Stipulation above, that the delay resulting from the continuance of this matter to _____,2011 serves the ends of justice and that such action outweighs the best interest of the public and the defendant in a speedy trial. Specifically, the Court finds that denying such a continuance would deny the defendant continuity of counsel and deny defense counsel reasonable time for effective preparation, taking into account the exercise of due diligence. Therefore, IT IS HEREBY ORDERED that the period of time between the date of this Order and ____, 2011 be excluded for Speedy Trial Act purposes.

Hon. LAUREL BEELER

United States Magistrate Judge


Summaries of

United States v. Singh

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
Nov 2, 2011
No. CR11-71127 MAG (LB) (N.D. Cal. Nov. 2, 2011)
Case details for

United States v. Singh

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. HELEN JEAN SINGH SINGH, Defendant.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

Date published: Nov 2, 2011

Citations

No. CR11-71127 MAG (LB) (N.D. Cal. Nov. 2, 2011)