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United States v. Smith

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


July 24, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MITCHELL E. SMITH, DEFENDANT.

The opinion of the court was delivered by: Joseph C. Spero United States Magistrate Judge

STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME

On June 6, 2008, the parties in this case appeared before the Honorable Joseph C. Spero for an initial appearance and arraignment for the above referenced defendant. At that time, the parties stipulated that time should be excluded from the Speedy Trial Act calculation from June 6, 2008 to June 27, 2008, for effective preparation of defense counsel. The parties represented that granting the exclusion was reasonable given the time necessary for effective preparation of defense counsel, taking into account the exercise of due diligence. See 18 U.S.C. § 26 3161(h)(8)(B)(iv). The parties also agreed that the ends of justice served by granting such a continuance outweighed the best interests of the public and the defendant in a speedy trial. See 18 U.S.C. § 3161(h)(8)(A).

SO STIPULATED

JOSEPH P. RUSSONIELLO United States Attorney

DATED: 06/27/2008

WENDY THOMAS Special Assistant United States Attorney

DATED: 06/27/2008

ALAN A. DRESSLER Attorney for Mr. Smith

As the Court found on June 6, 2008, and for the reasons stated above, the Court finds that an exclusion of time between June 6, 2008, and June 27, 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 deny defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. See 18 U.S.C. §3161(h)(8)(B)(iv).

SO ORDERED.

20080724

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