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United States v. Rodriguez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


April 15, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
LUIS RODRIGUEZ, DEFENDANT.

The opinion of the court was delivered by: Honorable Donna M. Ryu United States Magistrate Judge

[PROPOSED] ORDER TO EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT

The parties appeared for a status conference on April 12, 2010. The matter was continued to May 3, 2010 for further status. Defense counsel has requested from the government copies of the deportation hearing tapes related to defendant's deportation proceedings. The tapes may provide grounds for a possible motion. The government has ordered the tapes.

The tapes' arrival is pending. Based upon the representation of counsel and for good cause shown, the Court finds that failing to exclude the time between April 12, 2010 and May 3, 2010 would unreasonably deny the government and the defense the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). The Court further finds that the ends of justice served by excluding the time between April 12, 2010 and May 3, 2010 from computation under the Speedy Trial Act outweigh the best interests of the public and the defendant in a speedy trial. Therefore, it is hereby ordered that the time between April 12, 2010 and May 3, 2010 shall be excluded from computation under the Speedy Trial Act.

18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv).

20100415

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