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United States v. Hung

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


July 14, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
NGAI CHUNG HUNG, ET.AL. DEFENDANT.

The opinion of the court was delivered by: Edward J. Garcia Senior U.S. District Judge

STIPULATION AND ORDER TO EXCLUDE TIME

The parties request that the status conference in this case be continued from July 16, 2010 to October 1, 2010 at 10:00 a.m. They stipulate that the time between July 16, 2010 and October 1, 2010 should be excluded from the calculation of time under the Speedy Trial Act. The parties stipulate that the ends of justice are served by the Court excluding such time, so that counsel for the defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T-4. Specifically, the defense counsel and the defendants need additional time to review discovery, which exceeds 20,000 pages. Additional discovery will be provided to defense counsel in the coming weeks

Furthermore, all defense counsel need to review the items seized during the execution of the search warrants that are being held by the IRS.

The parties also stipulate and agree that the case is complex due to the nature of the prosecution and the number of defendant charged pursuant to 18 U.S.C. § 3161(h)(7)(b)(ii) and Local Code T-2. This matter has previously been found by the Court to be complex.

The parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

SO ORDERED.

20100714

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