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United States v. Martinez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


February 5, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
CRUZ SALINAS MARTINEZ JR., DEFENDANT.

STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME UNDER 18 U.S.C. § 3161

On January 29, 2009, the parties appeared before the Court for an initial appearance. The Court set a further date of February 12, 2009 for a further status conference. The Court agreed to exclude all time under the Speedy Trial Act between January 29, 2009 and February 12, 2009, for effective preparation of counsel and continuity of counsel. 18 U.S.C. § 3161(h)(8)(B)(iv). The parties and the Court agreed that the ends of justice served by granting such a continuance for effective preparation of counsel and continuity of counsel outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(8)(A).

SO STIPULATED.

DATED: February 3, 2009

Failure to grant an exclusion of time for the requested continuance would deny counsel for 12 defendant reasonable time necessary for effective preparation of counsel and continuity of 13 counsel. 18 U.S.C. § 3161(h)(8)(B)(iv). Therefore, the Court finds that exclusion of time from 14 January 29, 2009 through February 12, 2009, is warranted because the ends of justice served by 15 the exclusion of time outweigh the best interests of the public and the defendant in a speedy trial. 16 18 U.S.C. § 3161(h)(8)(A).

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