UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
October 31, 2012
UNITED STATES OF AMERICA,
THERESA YUET-HA YUENG,
The opinion of the court was delivered by: Dated Hon. Susan Illston United States District Court Judge
[PROPOSED] STIPULATED ORDER CONTINUING STATUS CONFERENCE
Current Hearing Date: November 1, 2012 18 Time: 11:00 am Judge: Hon. Susan Illston
Proposed Hearing Date: December 14, 2012 Time: 11:00 am
The above-captioned case is currently scheduled for a change-of-plea on Thursday, 2 November 1, 2012 at 11:00 a.m. However, the government has received new information 3 relating to this case, which it is now producing to the defense. Defense counsel will then require 4 time to investigate the information contained therein. Accordingly, the parties jointly request 5 that the change-of-plea be continued to December 14, 2012.
Further, the parties stipulate and jointly request that time be excluded from the Speedy 7 Trial Act calculations from November 1, 2012 through December 14, 2012 for effective 8 preparation of counsel. The parties agree that the ends of justice served by granting such a 9 continuance outweighed the best interests of the public and the defendants in a speedy trial. See 10 18 U.S.C. § 3161(h)(7)(A).
Pursuant to 18 U.S.C. § 3161, and Crim. Loc. Rule 47-2(c), there are seventy (70) days 12 remaining before the trial in this case must commence. The "speedy trial" date for this matter is 13 therefore February 22, 2013.
IT IS SO STIPULATED.
10-30-12 /s/ DATED MELINDA HAAG United States Attorney Northern District of California MATTHEW L. McCARTHY Assistant United States Attorney 10-30-12 /s/ DATED DOUGLAS RAPPAPORT Attorney for Theresa Yuet-Ha Yeung
For good cause shown, the status conference now scheduled for Thursday, November 1, 2012 is vacated. The matter shall be added to the Court's calendar on Friday, December 14, 2012 at 11:00 a.m. for change of plea.
In addition, for the reasons stated above, the Court finds that an exclusion of time from November 1, 2012 through December 14, 2012 is warranted and that the ends of justice served by the continuance outweigh the best interests of the public and the defendant in a speedy trial. See 18 U.S.C. §3161 (h)(7)(A). The failure to grant the requested continuance would deny defense counsel the reasonable time 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). Pursuant to 18 U.S.C. § 3161, and Crim. Loc. Rule 47-2(c), there are seventy (70) days remaining before the trial in this case must commence, and the "speedy trial" date by which trial must commence is therefore February 22, 2013.
IT IS SO ORDERED.
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