UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
January 16, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
MEHRAN T. ZANJANI, DEFENDANT.
The opinion of the court was delivered by: Maxine M. Chesney United States District Judge
STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS HEARING, TO SET A DATE FOR CHANGE OF PLEA AND TO EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT STIPULATION
1. The parties in the above-captioned case are currently scheduled to appear before this Court on January 23, 2009 at 2:00 p.m. for a status or trial setting. The parties respectfully request that the hearing be postponed for one week to January 30, 2009 at 2:00 p.m. and that the matter be set for a change of plea. The reason for this one week continuance is that the attorney for the government who is handling this case and who is familiar with the facts of the case and the terms of the plea agreement will be out of the office on business travel during the week of January 19, 2009 and therefore unable to appear at the scheduled time.
2. Both counsel stipulate and agree that time should be excluded from January 23, 2009, through and including January 30, 2009, from the Speedy Trial Act under 18 U.S.C. §§ 3161(h)(8)(A) and (B)(iv) in order to allow the government continuity of counsel and under 3161(h)(1)(I) to allow the Court to consider the proposed plea agreement in this case.
DATED: January 15, 2009
The Court finds that there is good cause for the extension of time described above, and that the ends of justice served by granting this continuance outweigh the best interests of the public and of the defendant in a speedy trial and the prompt disposition of criminal cases. 18 U.S.C. § 3161(h)(8)(A). The Court further finds that failure to grant the continuance would deny the government continuity of counsel 18 U.S.C. § 3161(h)(8)(B)(iv). The Court also finds that the continuance will allow the Court adequate time to consider the proposed plea agreement into which the parties intend to enter as a resolution of this case.
Accordingly, and with the consent of the defendant, the Court continues the matter to January 30, 2009 at 2:00 p.m. for a change of plea hearing and orders that the period from January 23, 2009 through and including January 30, 2009 be excluded from the Speedy Trial Act calculations 24 under 18 U.S.C. § 3161(h)(8)(A) and (h)(B)(iv) and (h)(1)(I).
IT IS SO ORDERED.
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