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United States of America v. Sun Keung Lee

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


June 20, 2011

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

The opinion of the court was delivered by: Hon. Edward M. Chen United States District Judge

TIME FROM SPEEDY TRIAL ACT CALCULATION (18 U.S.C. § 16 3161(h)(7)(A))

[PROPOSED] ORDER EXCLUDING

Following their reassignment to this Court, these related cases came on for hearing on 20 June 14, 2011. Defendant Sun Keung Lee appeared in custody with his attorney, Paul Nathan. 21 The government appeared through Assistant United States Attorney Andrew M. Scoble. The 22 parties represented to the Court that they have reached a resolution of both cases, and they 23 requested that they be allowed sufficient time to reduce the agreement to writing, with an 24 exclusion of the otherwise applicable Speedy Trial Act calculation. At the parties' request, the 25 Court set the two cases over for change of plea on June 22, 2011 and excluded time through and 26 including June 22, 2011 to allow the parties time to reduce the agreement to writing (which takes 27 into account the need to arrange for a Cantonese interpreter and to coordinate one or more visits 28 by defense counsel to the defendant's detention facility). The defendant agreed on the record to the exclusion of time through and including June 22, 2011. 2 Accordingly, with the agreement of the parties, and with the express consent of defendant 3 Sun Keung Lee in open court, THE COURT FINDS THAT the ends of justice served by granting 4 a continuance from June 14, 2011 through and including June 22, 2011 outweigh the best 5 interests of the public and the defendant in a speedy trial, because failure to do so would 6 unreasonably deny counsel for the defendant and counsel for the government the reasonable time 7 necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. 8 § 3161(h)(7)(A) & (B)(iv). 9 THE COURT THEREFORE ORDERS THAT the period from June 14, 2011 through 10 and including June 22, 2011 is excluded from the otherwise applicable Speedy Trial Act 11 computation pursuant to 18 U.S.C. § 3161(h)(7)(A) & (B)(iv).

IT IS SO ORDERED. 13 ES DISTRI

IS ORDERED IT SO

Chen N Edward

Judge

20110620

© 1992-2011 VersusLaw Inc.



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