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United States v. Harvey

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


April 3, 2007

UNITED STATES OF AMERICA, PLAINTIFF,
v.
EDWARD AARON HARVEY, JR. DEFENDANT.

The opinion of the court was delivered by: Ronald M. Whyte United States District Judge

[] ) ORDER CONTINUING CASE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT, 18 U.S.C. § 3161

This matter came before the Court on Monday, February 5, 2007 for a trial-setting conference. Counsel for the government and the defendant were present. Based on the colloquy at the hearing, the Court rules as follows:

IT IS HEREBY ORDERED that the trial in this matter is set to begin on May 7, 2007 at 1:00 p.m. In addition, a final pretrial conference is scheduled for April 26, 2007 at 2:00 p.m.

IT IS FURTHER ORDERED that the period of time from February 5, 2007 through and including April 26, 2007 shall be excluded from the period of time within which trial must commence under the Speedy Trial Act, 18 U.S.C. § 3161 et seq., pursuant to Title 18, United States Code, 3161(h)(8)(A), considering the factors set forth in Section 3161(h)(8)(B). The Court finds that the time is excludable, and that the ends of justice served by this continuance outweigh the best interests of the public and the defendant in a speedy trial for the following reasons: the additional time is required for counsel to prepare for trial; for the parties to resolve certain discovery issues, which may result in motion practice; and for the government to potentially seek a second superseding indictment.

For the foregoing reasons, the Court finds that the time is excludable for effective preparation of counsel, and that the interests of justice in granting this continuance outweigh the defendant's and the public's interests in a speedy trial.

20070403

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