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United States v. Torres

United States District Court, Ninth Circuit, California, N.D. California, San Jose Division
Jun 18, 2014
CR 14-00254 DLJ (N.D. Cal. Jun. 18, 2014)

Opinion

          STEVEN G. KALAR, Federal Public Defender, VARELL L. FULLER, Assistant Federal Public Defender, San Jose, CA, Counsel for Defendant TORRES.


          STIPULATION AND [] ORDER CONTINUING HEARING TO JULY 24, 2014, AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT

          D. LOWELL JENSEN, District Judge.

         STIPULATION

         The defendant and the government, acting through their respective counsel, hereby stipulate, subject to the Court's approval, that the status hearing date currently set for June 19, 2014, be vacated and continued to July 24, 2014, at 9:00 a.m.

         The reason for the requested continuance is defense counsel will be unavailable on June 19, 2014, the date now set for Mr. Torres's initial district court appearance. Defense counsel will be out of the district attending a two week seminar. Additionally, defense counsel's review of the discovery that has been provided in this matter and investigation remains on-going. The parties therefore respectfully requests a continuance and exclusion of time based on defense counsel's need to effectively prepare and continuity of counsel.

         Accordingly, the parties agree and stipulate that time should be excluded from June 19, 2014, through and including July 24, 2014, under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), for effective preparation, and (h)(7)(B)(iv), continuity of counsel. The defendant and the government further agree that granting the requested exclusion of time will serve the interest of justice and the ends of justice outweigh the interest of the public and the defendant in a speedy trial.

         IT IS SO STIPULATED.

         [] ORDER

         GOOD CAUSE APPEARING, upon stipulation of the parties, IT IS HEREBY ORDERED that the status hearing currently set for June 19, 2014, shall be continued to July 24, 2014, at 9:00 a.m.

         THE COURT FINDS that failing to exclude the time between June 19, 2014, July 24, 2014, would unreasonably deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and deny the defendant continuity of counsel. See 18 U.S.C. § 3161(h)(7)(B)(iv) and (h)(7)(B)(iv).

         THE COURT FURTHER FINDS that the ends of justice served by excluding the time between June 19, 2014, and July 24, 2014, from computation under the Speedy Trial Act outweigh the interests of the public and the defendants in a speedy trial.

         THEREFORE, IT IS HEREBY ORDERED that the time between June 19, 2014, and July 24, 2014, shall be excluded from computation under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), (B)(iv), and (h)(7)(B)(iv).

         IT IS SO ORDERED.


Summaries of

United States v. Torres

United States District Court, Ninth Circuit, California, N.D. California, San Jose Division
Jun 18, 2014
CR 14-00254 DLJ (N.D. Cal. Jun. 18, 2014)
Case details for

United States v. Torres

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. SIMON LAWRENCE TORRES, Defendants.

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

Date published: Jun 18, 2014

Citations

CR 14-00254 DLJ (N.D. Cal. Jun. 18, 2014)