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United States v. Miranda

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


August 26, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RODANTE A. MIRANDA, DEFENDANT.

The opinion of the court was delivered by: Joseph P. Russoniello United States Attorney

STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM AUGUST 25, 2008 THROUGH SEPTEMBER 8, 2008

On August 25, 2008, the parties in this case appeared before the Court for status hearing. At that time, the parties stipulated that time should be excluded from the Speedy Trial Act calculations from August 25, 2008 through September 8, 2008, for effective preparation and continuity of defense counsel. The parties represented that granting the continuance was 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 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.

GEOFF HANSEN

Attorney for Mr. Miranda

As the Court found on August 25, 2008, and for the reasons stated above, the Court finds that an exclusion of time between August 25, 2008 through September 8, 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).

20080826

© 1992-2008 VersusLaw Inc.



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