Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

United States of America v. Giuseppe Penzato and Kesia Penzato

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


January 23, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
GIUSEPPE PENZATO AND KESIA PENZATO,
DEFENDANTS.

The opinion of the court was delivered by: Jacqueline Scott Corley United States Magistrate Judge

STIPULATION AND [PROPOSED] ORDER CONTINUING PRELIMINARY HEARING DATE

Plaintiff, by and through its attorney of record, Owen Martikan, and defendants, by and 26 through their attorneys of record, Douglas Schwartz on behalf of Defendant Giuseppe Penzato 27 and Gail Shifman on behalf of Kesia Penzato, hereby stipulate and ask the Court to find as 28 follows: 2

1. That the parties are currently scheduled for a preliminary hearing date of January 24, 2012 at 9:30 a.m. The parties have been in pre-indictment negotiations and the defense will be 4 producing additional materials to the government which they will need time to review. That 5 additional time for discovery production and review will facilitate ongoing discussions between 6 7 the parties and to account for time over the next month when defense counsel will be unavailable 8 due to business travel. 9 10 date and continue it until February 21, 2012 at 9:30 a.m. before the duty Magistrate Judge. 11 12 13 extension of time for the preliminary hearing beyond the time limit contained in Federal Rules of 14

5. That the parties agree that the failure to grant such a continuance would unreasonably 16 deny counsel the reasonable time necessary for effective preparation, taking into account the 17 18 exercise of due diligence and that January 24, 2012 through February 21, 2012 should be 19 excluded in accordance with the provisions of the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), 20 on the basis that the ends of justice are served by taking such action which outweigh the best 21 interest of the public and the defendant in a speedy trial and also under subsection (B)(iv) for 22 effective preparation of counsel, taking into account the exercise of due diligence. 23 24

Assistant United States Attorney Dated: January 22, 2012 _______/s/________________________ 27 Douglas Schwartz Attorney for Defendant Giuseppe Penzato

2. That the parties request that the Court vacate the January 24, 2012 preliminary hearing

3. That Defendants Giuseppe and Kesia Penzato have been advised of and consent to the Criminal Procedure 5.1(c). 15

Dated: January 22, 2012 _______/s/_______________________ Owen Martikan Dated: January 22, 2012 _______/s/________________________ 2 Gail Shifman Attorney for Defendant Kesia Penzato

[PROPOSED] ORDER

This matter having come before the Court upon the Stipulation of the parties and GOOD CAUSE APPEARING, 9 10 and continued until February 21, 2012 at 9:30 a.m. before the Duty Magistrate Judge; 11

IT IS ORDERED That the January 24, 2012 preliminary hearing date shall be vacated

IT IS FURTHER ORDERED that the time from January 24, 2012 through February 21, 2012 shall be excluded in accordance with the provisions of the Speedy Trial Act, 18 U.S.C. §§ 13 14 3161(h)(7)(A) and (B)(iv), to provide the defense time to review discovery and for effective 15 preparation. The Court finds that (A) failure to grant the continuance would unreasonably deny 16 defendants the reasonable time necessary for effective preparation, taking into account the 17 exercise of due diligence; and (B) the ends of justice served by the continuance outweigh the best 18 19 interests of the public and the defendants in a speedy trial. See 18 U.S.C. § 3161(h)(1)(7)(A) & 20

Dated: January ___, 201

(B)(iv). 21

20120123

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.