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United States v. Chen

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


September 7, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MICHAEL CHEN, DEFENDANT.

The opinion of the court was delivered by: Hon. Maxine M. Chesney United States District Court Judge

STIPULATION AND [PROPOSED] ORDER FOR CONTINUANCE FROM SEPTEMBER 8, 2010 TO SEPTEMBER 15, 2010 AND EXCLUSION OF TIME FROM THE SPEEDY TRIAL ACT (7) CALCULATION (18 U.S.C. 3161(h)(8)(A) AND 3161(h)(1)(F))

Based on the below With the stipulation of the parties, the Court enters this order, continuing this matter from September 8, 2010 to September 15, 2010 and sets a change of plea or trial setting at 2:30 P.M. on that date. This time is excluded under the Speedy Trial Act, 18 U.S.C. 3161(h)(8)(A). The Court finds and holds, as follows:

1. An exclusion of time is warranted under the Speedy Trial Act, 18 U.S.C. § 3161(h)(8)(A) and 3161(h)(1)(F) during the pendency of pretrial motions and to provide continuity of counsel and reasonable time necessary for effective preparation, taking into account the exercise of due diligence. counsel

2. On September 7, 2010Counsel for the defense apprised that he as well as defendant were both ill during the last week and were unable to prepare for an intended disposition by plea which the Court had set for September 8, 2010. They seek a week's continuance for this purpose.

3. Given these circumstances, the Court finds that the ends of justice served by excluding the period noted above outweigh the best interest of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(8)(A).

IT IS SO STIPULATED:

IT IS SO ORDERED.

20100907

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