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United States v. Ecker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


July 25, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
KELLY ECKER DEFENDANT.

STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM (18 U.S.C. § 3161(h)(8)(A)) KWAN TSOI, HENRY NAVARRO, and SPEEDY TRIAL ACT CALCULATION

With the agreement of the parties in open court, and with the consent of defendants Kwan Tsoi, Henry Navarro, and Kelly Ecker, the Court enters this order documenting defendants' exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161(c)(1), from July 15, 2008 through August 19, 2008, the date of the defendants' next appearance before the District Court. The parties agree, and the Court finds and holds, as follows:

1. Defendants were indicted in this case on June 26, 2008. On July 15, 2008, defendants appeared for their initial appearance before this Court. On that date, defendants agreed to an exclusion of time under the Speedy Trial Act until August 19, 2008, the date of STA Stipulation CR 08-0419 WHA defendants' next appearance before the District Court.

2. At the hearing on July 15, 2008, government counsel stated that two initial rounds of discovery had already been provided and another round would be forthcoming. Defense counsel for all defendants agreed to the exclusion of time in order to review this discovery. 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. 3. Given these circumstances, the Court excluded all time under the Speedy Trial Act between July 15, 2008 and August 19, 2008 on the grounds that the ends of justice served by excluding the period from July 15, 2008 and August 19, 2008 outweigh the best interest of the public and the defendant in a speedy trial. Id. at 18 U.S.C. § 3161(h)(8)(A) & (B)(iv).

IT IS SO STIPULATED.

DATED: July 18, 2008

IT IS SO ORDERED.

20080725

© 1992-2008 VersusLaw Inc.



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