Opinion
CR. S-10-262 WBS
08-22-2011
UNITED STATES OF AMERICA, Plaintiff, v. TEVIN TAN, Defendant.
BENJAMIN B. WAGNER United States Attorney TODD D. LERAS Assistant U.S. Attorney
BENJAMIN B. WAGNER
United States Attorney
TODD D. LERAS
Assistant U.S. Attorney
ORDER FOLLOWING HEARING
REGARDING STATUS OF
PENDING MOTION
This matter came before the Court for a status conference on August 22, 2011. The United States was represented by Assistant United States Attorney Todd D. Leras. Defendant Tevin Tan was personally present and represented by Attorney Danny Brace.
Following representation by defense counsel that the attorney-client relationship appeared to have broken down, the Court excused the prosecutor and held a closed hearing. Following the hearing, the Court indicated that defendant had requested to re-open the suppression hearing to provide additional evidence as an alternative to his request for new counsel. The Court granted that request and set an evidentiary hearing on September 8, 2011 at 9:00 a.m.
Based on defendant's request to provide further evidence in support of his motion to suppress, time should be excluded under 18 U.S.C. § 3161(h)(1)(D) and Local Code E (pending pre-trial motion).
IT IS HEREBY ORDERED:
1. Defendant's request to re-open the evidentiary hearing to offer evidence in support of his Motion to Suppress Evidence is granted.
2. The evidentiary hearing on the motion is set for September 8, 2011, at 9:00 a.m.
3. Based on the defendant's request, the Court finds that the ends of justice outweigh the best interest of the public and defendant in a speedy trial. Accordingly, time under the Speedy Trial Act shall be excluded through September 8, 2011.
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE