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United States v. Valencia-Lopez

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


March 6, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
WENCESLADO VALENCIA-LOPEZ DEFENDANT.

The opinion of the court was delivered by: Ronald M. Whyte, United States District Judge

STIPULATION TO CONTINUE HEARING AND EXCLUDE TIME; ORDER

Defendant and the government, through their respective counsel, hereby stipulate that, subject to the court's approval, the hearing in the above-captioned matter, presently scheduled for Monday, March 2, 2009 at 9:00 a.m., be continued to Monday, March 23, 2009, at 9:00 a.m. The continuance is requested to allow defense counsel further time for effective preparation and investigation. Additionally, the parties are reviewing new discovery regarding one of the defendant's prior convictions.

The parties further agree that time should be excluded under the Speedy Trial Act because the defense requires time for effective preparation and investigation, and the ends of justice outweigh the defendant's and the public's need for a speedy trial.

ORDER

The parties have jointly requested a continuance of the hearing set for Monday, March 2, 2009, to allow time for the defense to complete investigation, and for the parties to review new discovery.

GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the hearing date presently set for Monday, March 2, 2009, be continued to Monday, March 23, 2009, at 9:00 a.m.

Pursuant to the parties' stipulation, IT IS FURTHER ORDERED that the period of time from March 2, 2009 to March 23, 2009, shall be excluded from the period of time within which trial must commence under the Speedy Trial Act, 18 U.S.C. § 3161 et seq.

20090306

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