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United States of America v. Gregory Walker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


May 10, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
GREGORY WALKER,
DEFENDANT.

STIPULATION AND [PROPOSED] ) ORDER EXCLUDING TIME FROM ) APRIL 29, 2011 THROUGH JUNE 13, 2011

On April 29, 2011, the parties in this case appeared before the Court for a status hearing. At that appearance, the parties stipulated, and the Court found, that time should be excluded from the Speedy Trial Act calculations from April 29, 2011 through June 13, 2011, for effective preparation of defense counsel. The parties represented that granting the continuance was the reasonable time necessary for effective preparation of defense counsel, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(7)(B)(iv). The parties also agreed that the ends of justice served by granting such a continuance outweighed the best interests of the public and the defendant in a speedy trial. See 18 U.S.C. § 3161(h)(7)(A).

SO STIPULATED:

MELINDA HAAG United States Attorney 5/9/2011 /s/ Derek Owens DATED: DEREK OWENS Assistant United States Attorney 5/9/2011 /s/ George Boisseau DATED: GEORGE BOISSEAU Attorney for the defendant

As the Court found on April 29, 2011, and for the reasons stated above, the Court finds that an exclusion of time between April 29, 2011 through June 13, 2011, is warranted and that the ends of justice served by the continuance outweigh the best interests of the public and the defendant in a speedy trial. See 18 U.S.C. §3161(h)(7)(A). The failure to grant the requested continuance would deny defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and would result in a miscarriage of justice.

See 18 U.S.C. §3161(h)(7)(B)(iv).

SO ORDERED.

United States District Court Judge

N Conti N

O Judge Samuel R

20110510

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