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United States of America v. Abel Rubio-Lara

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


September 1, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
ABEL RUBIO-LARA,
DEFENDANT.

The opinion of the court was delivered by: The Hon. Thelton E. Henderson United States Senior District Judge

MELINDA HAAG (CABN 132612) United States Attorney 2 MIRANDA KANE (CABN 150630) 3 Acting Chief, Criminal Division PATRICIA SPALETTA (CABN 156788) Special Assistant United States Attorney 5 4 450 Golden Gate Avenue, Box 36055 6 San Francisco, California 94102 Telephone: (415) 552-6031 7 Facsimile: (415) 436-7234 Patricia.Spaletta@usdoj.gov 8 9 Attorneys for Plaintiff

STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME UNDER 18 U.S.C. § 3161

The parties appeared for the pretrial conference before the Court on August 8, 2011.

With the agreement of counsel for both parties, the Court found and held as follows: 23

1. The parties agree to an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, 24 from August 8, 2011 to September 27, 2011. The basis for said exclusion is continuity of 25 counsel and for effective preparation of counsel. Failure to grant the requested continuance 26 would unreasonably deny defense counsel reasonable time necessary for effective preparation of 27 counsel, taking into account the exercise of due diligence.

2. Given these circumstances, the Court found that the ends of justice served by excluding the period from August 8, 2011 to September 27, 2011, outweigh the best interest of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).

3. Accordingly, and with the consent of the defendant, the Court ordered that the period from August 8, 2011 to September 27, 2011, be excluded from the Speedy Trial Act calculations under 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).

SO STIPULATED:

SO ORDERED.

20110901

© 1992-2011 VersusLaw Inc.



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