The opinion of the court was delivered by: Kandis Westmore United States Magistrate Judge
GALIA A. PHILLIPS -- CA BAR #250551 1300 Clay Street, Suite 600 2 Oakland, CA 94612 Telephone: (510) 596-1700 3 Facsimile: (510) 596-1701 4 Attorney for Defendant ANJI DIRISANALA
STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE TO NOVEMBER 29, 2012 AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT Hearing Date: October 25, 2012 Time: 9:30 am
The above-captioned matter is set on October 25, 2012 before this Court for a status 23 hearing. The parties jointly request that the Court continue the matter to November 29, 2012, at 24 9:30 a.m., before the magistrate, and that the Court exclude time under the Speedy Trial Act, 18 25 U.S.C. § 3161, between October 25, 2012 and November 29, 2012, so that the defense can have 26 additional time to review and assess the voluminous discovery in this case. 27
On October 7, 2011, the United States Attorney filed a one-count Information charging 28 defendants with conspiracy to commit visa fraud in violation of 18 U.S.C. §§ 371 and 1546(a).
On October 11, 2011, the defendants appeared before the magistrate court, waived Indictment 2 and were arraigned. Defendants face a maximum sentence of five years imprisonment on this 3 charge. 4 By way of background, this case is related to a larger investigation involving Tri-Valley University ("TVU"), which the government has alleged was a sham university that accepted 6 foreign students and issued legal status for these students without requiring that they attend 7 classes. See Indictment in United States v. Susan Su, CR 11-00288-SBA. 8 9 discovery that the government has already produced, which includes voluminous files from TVU 10 computers that the government seized and that the defendants need to review. Additionally, the 11 defense requested that the government produce additional discovery relating to the broader 12 investigation in this case, which the government recently produced. Finally, counsel for Anji 13
Dirisanala is unavailable on October 25, 2012. For these reasons, the parties agree that the case 14 should be continued until November 29, 2012. 15
The parties stipulate and agree that the ends of justice served by this continuance 16 outweigh the best interest of the public and the defendants in a speedy trial. The parties further 17 agree that the failure to grant this continuance would unreasonably deny counsel for defendants 18 the reasonable time necessary for effective preparation, taking into account the exercise of due 19 diligence, and deny continuity of counsel. Accordingly, the parties agree that the period of time 20 from October 25, 2012 until November 29, 2012 should be excluded in accordance with the 21 provisions of the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv), for effective 22 preparation of defense counsel and continuity of counsel, taking into account the exercise of due 23 diligence. 24
Dated: October 17, 2012 By: /s/ ANGELA HANSEN
The four defendants charged in this related case request additional time to review the
Based on the reasons provided in the stipulation of the parties ...