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United States v. Smith

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


May 21, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DEMETRIUS SMITH, DEFENDANT.

STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM (18 U.S.C. § 3161(h)(8)(A)

With the agreement of the parties, and with the consent of defendant Demetrius Smith, the Court enters this order documenting defendant's exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161(c)(1), from May 14, 2008, to May 21, 2008. The parties agree, and the Court finds and holds, as follows: 1. Defendant agreed to an exclusion of time under the Speedy Trial Act. Failure to grant the requested continuance would unreasonably deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence, in this case. Defendant requested this time exclusion in order to allow time to consult with his attorney in the wake of the Court's denial of his motion to disclose informant.

Given these circumstances, the Court found that the ends of justice served by excluding the period from May 14, 2008, to May 21, 2008, outweigh the best interest of the public and the defendant in a speedy trial. Id. at § 3161(h)(8)(A). 3. Accordingly, and with the consent of the defendant, at the hearing on May 14, 2008, the Court ordered that the period from May 14, 2008, to May 21, 2008, be excluded from Speedy Trial Act calculations under 18 U.S.C. § 3161(h)(8)(A) & (B)(iv).

IT IS SO STIPULATED.

DATED: May 19, 2008

DATED: May 16, 2008

IT IS SO ORDERED.

20080521

© 1992-2008 VersusLaw Inc.



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