Opinion
No. CR 12-00651 YGR
05-09-2013
UNITED STATES OF AMERICA, Plaintiff, v. JESSE YANG, Defendant.
MELINDA HAAG (CABN 132612) United States Attorney MIRANDA KANE (CABN 150630) Chief, Criminal Division RODNEY C. VILLAZOR (NYBN 4003596) Assistant United States Attorney Attorneys for Plaintiff JOYCE LEAVITT Attorney for Jesse Yang
MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
RODNEY C. VILLAZOR (NYBN 4003596)
Assistant United States Attorney
Attorneys for Plaintiff
STIPULATION AND
ORDER TO SET CHANGE OF PLEA
OR TRIAL SETTING DATE ON JUNE
20, 2013 AND EXCLUSION OF TIME
The above-captioned matter is currently set on May 16, 2013 before the Court for change of plea hearing. The parties request that this Court set this matter for a change of plea hearing or trial setting on June 20, 2013 at 2:00 p.m., and that the Court exclude time under the Speedy Trial Act between May 16, 2013 and June 20, 2013. The parties stipulate that the time is excludable from the time limitations of the Speedy Trial Act because the interests of justice are served by granting a continuance, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
Such continuance is required because the Court granted the parties' stipulation for a voluntary settlement conference before U.S. Magistrate Laurel Beeler, and that settlement conference previously scheduled for May 1, 2013 has been rescheduled to June 5, 2013. In addition, defense counsel is unavailable on June 13, 2013. This continuance will allow the reasonable time necessary for effective preparation and continuity of counsel taking into account the exercise of due diligence.
As such, the parties respectfully request that the time between May 16, 2013 and June 20, 2013 be excluded under U.S.C. § 3161(h)(7)(A) and (B)(iv).
Respectfully submitted,
MELINDA HAAG
United States Attorney
_______________
RODNEY C. VILLAZOR
Assistant United States Attorney
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JOYCE LEAVITT
Attorney for Jesse Yang
ORDER
Based on the reason provided in the stipulation of the parties above, the Court hereby FINDS that for adequate preparation of the case by all parties and continuity of counsel, and in the interest of justice, pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv), an exclusion of time is warranted under the Speedy Trial Act. Based on these findings, IT IS HEREBY ORDERED THAT the change of plea or trial setting is continued to June 20, 2013 at 2:00 p.m. before the Court, and time is excluded until June 20, 2013.
IT IS SO ORDERED.
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YVONNE GONZALEZ ROGERS
United States District Judge