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United States v. Carrillo

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


June 28, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ARTURO DIAZ CARRILLO, DEFENDANT.

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

STIPULATION TO CONTINUE; [PROPOSED] ORDER CONTINUING CASE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT

IT IS HEREBY STIPULATED, by and between the parties to this action, that the TRIAL OR MOTIONS SETTING OR DISPOSITION HEARING date of June 28, 2010 presently scheduled at 10:00 a.m., before the Hon. Donna M. Ryu, be vacated and re-set for 9:30 a.m. July 29, 2010 at 10:00 a.m., before the Oakland Duty Magistrate, for TRIAL OR MOTIONS SETTING OR DISPOSITION HEARING.

The reason for this request is that defense counsel is presently reviewing the provided discovery, and needs additional time to investigate and analyze it. Further, defense counsel will be out on family-related leave for up to two weeks in the first half of July.

The parties agree and stipulate that the time until July 29, 2010 should be excluded, under18 U.S.C. §3161(h)(7)(A) and (B)(4) because the ends of justice served by the granting of the continuance outweigh the bests interests of the public and the defendant in a speedy and public trial. The continuance is necessary to accommodate counsel' s preparation efforts and continuity of counsel.

Date 06/25/2010

John Paul Reichmuth Assistant Federal Public Defender Counsel for defendant DIAZ CARRILLO

Date 06/28/10 Trevor L. Rusin Assistant United States Attorney

I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature within this efiled document.

ORDER

The court finds that the ends of justice served by the granting of the continuance outweigh the bests interests of the public and the defendant in a speedy and public trial. The continuance is necessary to accommodate counsel' s preparation efforts and continuity of counsel. Based on these findings,

IT IS HEREBY ORDERED THAT the above-captioned 9:30 a.m. matter is continued to July 29, 2010 at 10:00 a.m., before the Oakland Duty Magistrate, and that time is excluded from June 28, 2010 until July 29, 2010 pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(4).

IT IS SO ORDERED.

20100628

© 1992-2010 VersusLaw Inc.



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