UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
August 9, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
LEONARD SMITH, AND TAMMY COLLINS, DEFENDANTS.
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 an initial appearance on July 29, 2010. Following detention hearings for both defendants, the matter was continued to September 14, 2010 for further status.
The government has produced discovery to defense counsel, including paper documents and audio recordings. Defense counsel will require time to review the discovery. In addition, counsel for Smith will be taking leave in September, which will likely necessitate a substitution in defense counsel. Accordingly, based upon the representation of counsel and for good cause shown, the Court finds that failing to exclude the time between July 29, 2010 and September 14, 2010 would unreasonably deny the defense the reasonable time necessary for effective preparation and continuity of counsel, taking into account the exercise of due diligence.
U.S.C. § 3161(h)(7)(B)(iv). The Court further finds that the ends of justice served by excluding the time between July 29, 2010 and September 14, 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 July 29, 2010 and September 14, 2010 shall be excluded from computation under the Speedy Trial Act. 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv).
© 1992-2010 VersusLaw Inc.