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United States of America v. Luis Flores Miranda

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


October 20, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
LUIS FLORES MIRANDA, A/K/A LUIS MANUEL GARCIA MIRANDA, A/K/A JONAS FLORES GUILLEN, A/K/A ANTONIO FERNANDEZ, A/K/A ANTONIO FLORES, DEFENDANT.

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

MELINDA HAAG (CABN 132612) United States Attorney 2 MIRANDA KANE (CABN 150630) 3 Chief, Criminal Division 4 LOWELL C. POWELL (CABN 235446) Special Assistant United States Attorney 5 450 Golden Gate Avenue, Box 36055 6 San Francisco, California 94102 Telephone: (415) 436-7368 7 Facsimile: (415) 436-7234 E-Mail: lowell.powell2@usdoj.gov 8 Attorneys for the United States of America 9 10

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

On October 19, 2011, the parties in this case appeared before the Court. At that time, the Court set the matter to November 30, 2011. The parties have agreed to exclude the period of 24 time between October 19, 2011 and November 30, 2011, from any time limits applicable under 25 U.S.C. § 3161. The parties represented that granting the exclusion would allow the 26 reasonable time necessary for effective preparation of counsel. See 18 U.S.C. § 27 3161(h)(7)(B)(iv). The parties also agree that the ends of justice served by granting such an 28 exclusion of time outweigh the best interests of the public and the defendant in a speedy trial. U.S.C. § 3161(h)(7)(A). At the hearing, the Court made findings consistent with this agreement.

SO STIPULATED:

[PROPOSED] ORDER

For the reasons stated above and at the October 19, 2011 hearing, the Court finds that the exclusion from the time limits applicable under 18 U.S.C. § 3161 of the period from October 19, 4 2011 through November 30, 2011 is warranted and that the ends of justice served by the 5 continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 6 U.S.C. §3161(h)(7)(A). Denying the requested exclusion of time would deprive the parties of the 7 reasonable time necessary for effective preparation, taking into account the exercise of due 8 diligence. 18 U.S.C. §3161(h)(7)(B)(iv).

IT IS SO ORDERED.

Edward M. Chen Judge O

20111020

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