UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
November 30, 2011
UNITED STATES OF AMERICA
The opinion of the court was delivered by: Joseph C. Spero United States Magistrate Judge
STIPULATION AND (PROPOSED) ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT FROM NOVEMBER 28, 2011 TO JANUARY 18, 2012
On November 28, 2011, the parties in this matter appeared before the Honorable Magistrate Judge Joseph C. Spero for an initial appearance and arraignment. During this 23 appearance, the parties stipulated that time should be excluded from the Speedy Trial Act 24 calculations from November 28, 2011 until January 18, 2012 for effective preparation of counsel. 25
The parties represented that granting the continuance was for the reasonable time necessary for 26 effective preparation of defense counsel, taking into account the exercise of due diligence. See 27 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
The parties also agree that the ends of justice served by granting such a continuance 2 outweigh the best interests of the public and the defendant in a speedy trial. See 18 U.S.C. 3 § 3161(h)(7)(A).
Douglas L. Rappaport David J. Ward 7 Law Office of Douglas L. Rappaport Jeane Hamilton Counsel for Defendant Keith Goodman Albert B. Sambat 8 Christina M. Wheeler Manish Kumar Trial Attorneys
United States Department of Justice Antitrust Division
As the Court found on November 28, 2011, and for the reasons stated above, the Court finds that an exclusion of time from November 28, 2011 to January 18, 2012, is warranted and 15 that the ends of justice served by the continuance outweigh the best interests of the public and 16 the defendant in a speedy trial. See 18 U.S.C. § 3161 (h)(7)(A). The failure to grant the 17 requested continuance would deny the defendant and deny defense counsel the reasonable time 18 19 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).
Judge Joseph C. Spero
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