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United States v. Chapman

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


July 17, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MICHELLE RENEE CHAPMAN, DEFENDANT.

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT FROM JULY 18, 2008 TO AUGUST 19, 2008

On June 27, 2008, the parties in this case appeared before the Court for a status conference for this case. At that time, the parties requested a trial or motion setting hearing to be scheduled for July 18, 2008, at 10:30 a.m. Since that time, the parties have been in discussions and appear to be close to a resolution, however it is clear that the resolution will not be reached by July 18. It is anticipated that there will be a resolution by August 19. Therefore, the parties hereby jointly and respectfully request that the hearing previously scheduled for July 18, 2008 be continued to 9:30 a.m. on August 19, 2008. The parties agree that granting the continuance is the reasonable time necessary for effective preparation of defense counsel, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(8)(B)(iv). The parties also agree that the ends of justice served by granting such a continuance outweigh the best interests of the public and the defendant in a speedy trial. See 18 U.S.C. § 3161(h)(8)(A).

SO STIPULATED

7/16/2008

The change of plea and sentencing hearing previously scheduled for July 18, 2008 be continued to 9:30 a.m. on August 19, 2008, before the Honorable Joseph c. Spero. The Court also finds that an exclusion of time between July 18, 2008 and August 19, 2008, is warranted and that the ends of justice served by the continuance outweigh the best interests of the public and the defendant in a speedy trial. See 18 U.S.C. §3161 (h)(8)(A). The failure to grant the requested continuance would deny defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and would result in a miscarriage of justice. See 18 U.S.C. §3161(h)(8)(B)(iv).

SO ORDERED.

20080717

© 1992-2008 VersusLaw Inc.



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