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United States v. Lee

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


August 24, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
SUN KEUNG LEE, DEFENDANT.

The opinion of the court was delivered by: Marilyn Hall Patel United States District Judge

STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM SPEEDY TRIAL ACT CALCULATION

(18 U.S.C. § 3161(h)(7)(A))

With the agreement of the parties, and with the consent of defendant Sun Keung Lee, the Court enters this order documenting defendant's exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161(c)(1), from July 19, 2010, to August 30, 2010. The parties agree, and the Court finds and holds, as follows:

1. Defendant agreed to an exclusion of time under the Speedy Trial Act. His counsel required time to review discovery that was provided to him by the government on July 14. Accordingly, failure to grant the requested continuance would have unreasonably denied defendant's counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence, in this case.

2. Given these circumstances, the Court found that the ends of justice served by excluding the period from July 19, 2010, to August 30, 2010, outweigh the best interest of the public and the defendant in a speedy trial. Id. at § 3161(h)(7)(A).

3. Accordingly, and with the consent of the defendant, at the hearing on July 19, 2010, the Court ordered that the period from July 19, 2010, to August 30, 2010, be excluded from Speedy Trial Act calculations under 18 U.S.C. § 3161(h)(7)(A) & (B)(iv).

IT IS SO STIPULATED.

DATED: August 19, 2010

GARRICK S. LEW Attorney for Defendant

DATED: August 19, 2010

ANDREW P. CAPUTO Assistant United States Attorney

IT IS SO ORDERED.

20100824

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