UNITED STATES MAGISTRATE COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
July 22, 2008
UNITED STATES OF AMERICA, PLAINTIFF,
AXEL JIMENEZ RODRIGUEZ, DEFENDANT.
The opinion of the court was delivered by: Saundra Brown Armstrong United States District Court
STIPULATION AND ORDER FOR CONTINUANCE AND EXCLUSION OF TIME UNDER THE SPEEDY TRIAL ACT (18 U.S.C. § 3161(h)(8)(A) and (h)(8)(B)(iv))
This matter is currently on calendar for status on Tuesday, July 22, 2008, at 9:00 a.m. The disc of discovery the government produced to the defendant shortly before the last appearance on July 15, 2008, was unfortunately blank or unreadable. Government counsel has been in trial all week and is in the process of getting defense counsel a readable copy of the disc of discovery. Defense counsel is out of town July 29, 2008. For these reason, the parties jointly stipulate and request that the matter be continued to the new date of September 9, 2008 at 9:00 a.m., or as soon thereafter as the Court is available, for status, and further request that the time between July 22 and September 9, 2008, be excluded from calculations under the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(8)(A) and (B)(iv) because the defendant requires additional time to review discovery and conduct research and investigation into the pending charges.
For the foregoing reasons, the parties stipulate and agree that the ends of justice served by the continuance requested herein outweigh the best interests of the public and the defendant in a speedy trial because the failure to grant such a continuance would unreasonably deny the defendant adequate time to prepare, taking into account the exercise of due diligence. The parties therefore stipulate and agree that this period of time should be excluded under the Speedy Trial Act, 18 U.S.C. §3161(h)(8)(A) and (B)(iv).
Dated: July 21, 2008
Based on the reasons provided in the stipulation of the parties above, the Court hereby FINDS that the ends of justice served by the granting of the requested continuance outweigh the best interests of the public and the defendant in a speedy trial, and that the failure to grant the requested continuance would deny defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. See 18 U.S.C. §3161(h)(8)(A) & (B)(iv). Based on these findings, IT IS HEREBY ORDERED THAT the hearing that is currently scheduled for July , 2008, shall be continued to September 9, 2008 at 9:00 a.m. for status, and that the time from July 22 through September 9, 2008, shall be excluded for purposes of the Speedy Trial Act, 18 U.S.C. §3161(h)(8)(A) and (B)(iv).
IT IS SO ORDERED.
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