Opinion
No. CR-08-0194 SBA.
September 2, 2008
[PROPOSED] ORDER GRANTING STIPULATED REQUEST TO CONTINUE HEARING DATE TO SEPTEMBER 16, 2008 AND TO EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT
The parties jointly requested that the hearing in this matter be continued from September 2, 2008 to September 16, 2008, and that time be excluded under the Speedy Trial Act between August 12, 2008 and September 16, 2008 to allow for the effective preparation of counsel, taking into account the exercise of due diligence, and continuity of counsel. The government has produced discovery to counsel for defendant. Additionally, the defendant has requested additional discovery, including CAD tapes and other information in the possession of the Oakland Police Department. The government intends to produce additional discovery to the defendant by the end of this week. Defense counsel, however, is out of the office for two weeks starting on Wednesday, August 13, 2008. Defense counsel and the defendant will, therefore, need additional time to review the discovery produced and to be produced by the government, and to investigate this matter further. The parties agree the ends of justice served by granting the continuance outweigh the best interests of the public and the defendant in a speedy trial. For these stated reasons, the Court finds that the ends of justice served by granting the continuance outweigh the best interests of the public and the defendant in a speedy trial. Good cause appearing therefor, and pursuant to 18 U.S.C. § 3161(h)(8)(B)(iv),
IT IS HEREBY ORDERED that the status hearing in this matter is continued from September 2, 2008 to September 16, 2008, and that time between August 12, 2008 and September 16, 2008 is excluded under the Speedy Trial Act to allow for the effective preparation of counsel, taking into account the exercise of due diligence, and continuity of counsel.