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United States v. Fuentes-Gonzalez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


January 8, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
REYNALDO FUENTES-GONZALEZ, DEFENDANT.

The opinion of the court was delivered by: Susan Illston United States District Judge

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

With the agreement of government and defense counsel in open court, the Court enters this order documenting exclusion of time from December 22, 2008 through January 30, 2009 under the Speedy Trial Act, 18 U.S.C. § 3161(c)(1). The parties agree, and the Court finds and holds, as follows:

1. Defendant was indicted on June 26, 2008, and he was arraigned on the indictment on June 27, 2008.

2. On December 22, 2008, the parties appeared before this Court. On December 22, 2008, the parties requested a further status date of January 30, 2009 and requested that the Court exclude time under the Speedy Trial Act. Defense counsel will be out of the country for several weeks in this period, and defense counsel continues to prepare for this case. Accordingly, on December 22, 2008, the Court excluded the time between December 22, 2008 and January 30, 2009 under the Speedy Trial Act on the grounds of effective preparation of defense counsel and continuity of counsel, taking into account the exercise of due diligence, and found that the ends of justice served by taking such action outweighed the best interest of the public and the defendants in a speedy trial.18 U.S.C. § 3161(h)(8)(A) & (B)(iv).

IT IS SO STIPULATED.

DATED: January 8, 2009

IT IS SO ORDERED.

20090108

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