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United States v. Smith

United States District Court, Ninth Circuit, California, N.D. California, San Francisco Division
Jun 9, 2015
CR-15-194-JST (N.D. Cal. Jun. 9, 2015)

Opinion

          MELINDA HAAG, United States Attorney, DAVID R. CALLAWAY, Chief, Criminal Division SARAH HAWKINS, Assistant United States Attorney, San Francisco, California, Attorneys for United States of America.

          JOYCE LEAVITT, Counsel for the Defendant.


          STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM OTHERWISE APPLICATION SPEEDY TRIAL ACT CALCULATION

          JON S. TIGAR, District Judge.

         STIPULATION

         IT IS HEREBY STIPULATED by the parties, through undersigned counsel, that:

         1. The parties appeared before the Court on June 5, 2015 at 9:30 a.m. for a status hearing. Mr. Smith was present and represented by Deputy Public Defender Joyce Leavitt. Assistant United States Attorney Kevin Barry appeared for the Government. The parties requested a continuance of the matter, with time excluded for effective preparation of counsel.

         2. Accordingly, with the parties' agreement as to the new date, the Court scheduled another status hearing for August 7, 2015, 9:30 a.m., with the understanding that the parties would submit a Stipulation and Proposed Order excluding time.

         3. The parties now formalize their request for exclusion of time in this matter and respectfully submit and agree that the period from June, 2015 through and including August 7, 2015 should be excluded from the otherwise applicable Speedy Trial Act computation because the continuance is necessary for effective preparation of counsel, taking into account the exercise of due diligence.

         4. The parties concur that granting the exclusion would allow the reasonable time necessary for effective preparation of counsel and continuity of counsel. See 18 U.S.C. §3161(h)(7)(B)(iv). The parties also agree that the ends of justice served by granting such an exclusion of time for the purposes of effective preparation of counsel 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 STIPULATED.

         [PROPOSED] ORDER

         Based upon the above-described Stipulation, THE COURT FINDS THAT the ends of justice served by granting a continuance from June 5, 2015 through and including August 7, 2015 outweigh the best interest of the public and the defendant in a speedy trial, and that failure to grant such a continuance would unreasonably deny the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

         Accordingly, THE COURT ORDERS THAT the period from June 5, 2015 through and including August 7, 2015 is excluded from the otherwise applicable Speedy Trial Act computation, pursuant to 18 U.S.C. § 3161(h)(7)(A) & (B)(iv).

         IT IS SO ORDERED.


Summaries of

United States v. Smith

United States District Court, Ninth Circuit, California, N.D. California, San Francisco Division
Jun 9, 2015
CR-15-194-JST (N.D. Cal. Jun. 9, 2015)
Case details for

United States v. Smith

Case Details

Full title:UNITED STATES OF AMERICA, v. ASHLEY CEDRICK SMITH, Defendant.

Court:United States District Court, Ninth Circuit, California, N.D. California, San Francisco Division

Date published: Jun 9, 2015

Citations

CR-15-194-JST (N.D. Cal. Jun. 9, 2015)