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United States v. Navarrete-Manriquez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


March 26, 2010

UNITED STATES OF AMERICA,
v.
JAVIER NAVARRETE-MANRIQUEZ, DEFENDANT.

The opinion of the court was delivered by: Phyllis J. Hamilton United States Magistrate Judge

[PROPOSED] ORDER EXCLUDING TIME FROM MARCH 10, 2010, TO MARCH 31, 2010, FROM SPEEDY TRIAL ACT CALCULATION (18 U.S.C. § 3161(h)(7)(A) and (B))

Defendant Javier Navarrete-Manriquez was arraigned on the indictment before the Court on March 10, 2010. At that time counsel for the defendant was presented with discovery materials and indicated he would need time both to review them and to meet with his client. The Court set an appearance date of March 31, 2010, for status and trial setting before the Hon. Phyllis J. Hamilton. The Court then ordered that time should be excluded from the Speedy Trial Act calculation from March 10, 2010, through March 31, 2010, for effective preparation of defense counsel. With the agreement of the parties, the Court enters this order documenting the exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B), from March 10, 2010, through March 31, 2010.

The parties agreed, and the Court found and held, as follows:

1. The parties agreed to the exclusion of time under the Speedy Trial Act so that defense counsel would have time to meet with his client and review newly-produced discovery, taking into account the exercise of due diligence.

2. Given these circumstances, the Court found that the ends of justice served by excluding the period from March 10, 2010, to March 31, 2010, from Speedy Trial Act calculations outweighs the interests of the public and the defendant in a speedy trial by allowing time for the defense to effectively prepare the case, in accordance with 18 U.S.C. § 3161(h)(7)(A) and (B).

3. Accordingly, with the consent of defendant's attorney, the Court ordered that the period from March 10, 2010, to March 31, 2010, be excluded from Speedy Trial Act calculations, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B).

IT IS SO ORDERED.

HON. EDWARD M. CHEN

20100326

© 1992-2010 VersusLaw Inc.



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