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United States v. Wang

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


February 6, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
GUO TAI WANG, DEFENDANT.

The opinion of the court was delivered by: Jeremy Fogel United States District Judge

ORDER CONTINUING HEARING DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT SAN JOSE VENUE STIPULATION AND [PROPOSED]

The undersigned parties respectfully request that the status hearing currently scheduled for February 11, 2009 be continued to March 11, 2009. The reason for the continuance is that the Court is unavailable for two weeks and Mr. Eibert will be unavailable for the next two Wednesdays in February. The parties anticipate that the defendant will enter a guilty plea at the next appearance. In addition, the parties jointly request an exclusion of time under the Speedy Trial Act from February 11, 2009 to March 11, 2009. The parties agree and stipulate that an exclusion of time is appropriate based on the defendant's need for effective preparation of counsel.

SO STIPULATED:

DATED: 02/06/2009

SUSAN KNIGHT Assistant United States Attorney MARK EIBERT Counsel for Mr. Wang

Accordingly, for good cause shown, the Court HEREBY ORDERS that the status appearance scheduled for February 11, 2009 is continued to March 11, 2009 at 9:00 a.m.

The Court FURTHER ORDERS that time be excluded under the Speedy Trial Act from February 11, 2009 to March 11, 2009. The Court finds, based on the aforementioned reasons, that the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendant in a speedy trial. The failure to grant the requested continuance would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and would result in a miscarriage of justice. The Court therefore concludes that this exclusion of time should be made under 18 U.S.C. §§ 3161(h)(8)(A) and (B)(iv).

SO ORDERED.

20090206

© 1992-2009 VersusLaw Inc.



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